Evidence and Provisional Measures in Complex Litigation and Class Actions: Belgium

Abstract

This national (Belgian) report was written for a panel on ‘Evidence and Provisional Measures in Complex Litigation and Class Actions’ for the 2012 Buenos Aires Conference organized by the International Association of Procedural Law and the Ibero-American Institute of Procedural Law.

After a general – de lege lata and de lege ferenda – description of the current Belgian procedures for handling a series or group of related claims (chapter A), the report pays attention to the motion to certify or authorize a collective action (chapter B). Particular attention is paid to the standard or burden of proof that a plaintiff must meet and the evidentiary burden inquiry by the court. In this context a detailed overview is given of the five (Belgian) means of proof in civil law and the techniques of evidence the Belgian Judicial Code contains. Finally, the report describes the standard or burden of proof after certification or authorization of any collective action (chapter C), the standard of proof of fairness of any collective settlement (chapter D), and the provisional measures relevant to collective actions (chapter E).

Keywords: evidence, provisional measures, complex litigation, class actions, Belgium