Judgment enforcement Belgium is a structured legal process that allows a creditor holding a court decision from another country to have that decision recognised and executed against assets or persons located in Belgium. The applicable rules depend primarily on whether the judgment originates from an EU member state or from a third country. For EU judgments, the Brussels I bis Regulation provides a largely automatic recognition mechanism, while non-EU judgments must pass through a domestic exequatur procedure before Belgian courts. This guide covers the legal framework, the step-by-step process, practical requirements, common pitfalls and realistic timelines for both routes.
Belgium operates a dual-track system for recognising and enforcing foreign judgments, and understanding which track applies is the first decision a creditor must make.
For judgments issued within the European Union, the primary instrument is EU Regulation No 1215/2012, commonly called Brussels I bis. This regulation applies to civil and commercial matters and, for judgments issued after its entry into force, abolished the requirement for a formal declaration of enforceability in the state where enforcement is sought. In practical terms, a creditor holding a certified EU judgment can, in principle, proceed directly to enforcement in Belgium without a prior court order, subject to limited grounds for refusal.
For judgments from non-EU countries - including the United Kingdom following its departure from the EU, Switzerland (which is governed separately by the Lugano Convention), and jurisdictions such as the United States, Canada or Asian countries - the Belgian Code of Private International Law (the CPIL, enacted by the Law of 16 July 2004) governs recognition and enforcement. Under the CPIL, a foreign judgment does not automatically have legal force in Belgium. A creditor must apply to a Belgian court for an exequatur, which is a formal judicial declaration that the foreign judgment may be enforced on Belgian territory.
A third layer exists for specific subject matters. Family law judgments, maintenance obligations and insolvency proceedings each have their own EU regulations - respectively Brussels II ter, the Maintenance Regulation (No 4/2009) and the European Insolvency Regulation (No 2015/848) - which may modify or replace the general Brussels I bis framework.
Whether the route is EU-based or domestic, Belgian courts apply a set of substantive conditions before granting enforcement. These conditions are largely consistent across both tracks, though the procedural burden differs significantly.
Under the CPIL, a Belgian court will refuse recognition or enforcement of a foreign judgment if any of the following grounds are established:
Belgian courts do not review the merits of the foreign judgment. This is a critical point: a Belgian judge conducting an exequatur will not re-examine whether the original court reached the correct factual or legal conclusion. The review is limited to procedural regularity and compatibility with Belgian public policy. A common mistake made by creditors is to submit extensive arguments about the correctness of the underlying decision; this is irrelevant and can slow proceedings unnecessarily.
The public policy exception deserves particular attention. Belgian courts interpret it narrowly in commercial matters. A judgment that applies foreign law differently from Belgian law will not be refused on that ground alone. However, a judgment that violates fundamental procedural guarantees - such as one issued without any notice to the defendant - is likely to be refused.
For non-EU judgments, the exequatur procedure is the central mechanism for judgment enforcement Belgium. The competent court is the Court of First Instance (Tribunal de première instance / Rechtbank van eerste aanleg) in the judicial district where the debtor is domiciled or, if the debtor has no domicile in Belgium, where enforcement is to take place.
The creditor files a petition (requête unilatérale) accompanied by the following documents:
The petition is initially examined ex parte - that is, without hearing the opposing party. If the court grants the exequatur, the debtor is notified and has one month to file an opposition (or three months if domiciled abroad). If the court refuses, the creditor may appeal within one month. The Court of Appeal (Cour d';appel / Hof van Beroep) hears appeals from both creditor and debtor, and its decisions may in turn be challenged before the Court of Cassation on points of law only.
In practice, an uncontested exequatur in a straightforward commercial matter typically takes between two and four months from filing to the grant of the order. Contested proceedings - where the debtor actively opposes - can extend to twelve months or more, particularly if translation disputes or jurisdictional challenges arise.
If you are at the stage of preparing an exequatur application or assessing whether your judgment meets Belgian recognition conditions, contact info@vlolawfirm.com. We can help structure the setup correctly the first time.
For creditors holding judgments from EU member states in civil and commercial matters, the Brussels I bis Regulation has significantly simplified judgment enforcement Belgium. Since the regulation abolished the exequatur for most EU judgments, the creditor does not need a Belgian court order before proceeding to enforcement.
The practical steps are as follows. The creditor must obtain from the court of origin a standard certificate (Form I under Annex I of the regulation), which certifies that the judgment is enforceable. This certificate is issued by the original court, usually within a few weeks of request. The creditor then serves the certificate and a copy of the judgment on the debtor in Belgium, with a translation if required. After service, the creditor may instruct a Belgian bailiff (huissier de justice / gerechtsdeurwaarder) to proceed with enforcement measures such as attachment of bank accounts, seizure of movable assets or garnishment of receivables.
The debtor retains the right to apply to a Belgian court for refusal of enforcement on the limited grounds set out in Article 45 of Brussels I bis. These grounds mirror the CPIL conditions: public policy, breach of rights of defence, irreconcilability with another judgment, and certain jurisdictional rules protecting consumers, employees and insureds. The debtor may also apply for a stay of enforcement if proceedings challenging the judgment are pending in the country of origin.
A non-obvious requirement is that the certificate from the court of origin must be served on the debtor before enforcement measures begin. Bailiffs in Belgium will typically require proof of service before acting. Skipping this step is a procedural error that can invalidate enforcement actions and require the process to restart.
For judgments from countries covered by the Lugano Convention - currently Switzerland, Norway and Iceland - a separate but analogous procedure applies under that convention, which still requires a declaration of enforceability (exequatur-equivalent) before enforcement can proceed.
Once a foreign judgment has been recognised - either automatically under Brussels I bis or through an exequatur - the creditor has access to the full range of Belgian enforcement tools. These are administered by bailiffs and, in certain cases, require additional court authorisation.
The most commonly used measures in commercial disputes include:
Belgium does not have a single centralised asset register, which means that locating assets requires practical investigation. Bailiffs have statutory powers to query certain registers - including the vehicle registration authority and the Central Individual Credit Register - but access to bank account information requires a court order or cooperation from the Central Point of Contact for Accounts and Financial Contracts (CPC), which is managed by the National Bank of Belgium.
A practical scenario: a German company obtains a judgment against a Belgian distributor for unpaid invoices. Under Brussels I bis, the German company obtains the Form I certificate from the German court, serves it on the Belgian debtor, and instructs a Belgian bailiff to attach the debtor';s bank accounts. The entire process from obtaining the certificate to the first attachment can be completed in four to eight weeks if the debtor does not contest.
A second scenario: a US company obtains a judgment against a Belgian subsidiary in a New York court. The US company must file an exequatur petition in Belgium, provide an apostille-certified copy of the judgment with a French or Dutch translation, and demonstrate that the New York court had jurisdiction and that the defendant was properly served. If uncontested, the exequatur is likely granted within three months, after which the same enforcement tools become available.
Foreign creditors unfamiliar with Belgian procedure frequently encounter avoidable delays and costs. Several patterns recur in practice.
Many underestimate the translation requirement. Belgian courts operate in French, Dutch or German depending on the region. A judgment in English must be translated by a sworn translator (traducteur juré / beëdigd vertaler) recognised in Belgium. Using an unrecognised translator causes the filing to be rejected, adding weeks to the timeline.
A common mistake is failing to verify that the foreign judgment is final and no longer subject to ordinary appeal in the country of origin. Belgian courts will not grant an exequatur for a judgment that remains subject to appeal, even if it is provisionally enforceable. Obtaining a certificate of finality from the issuing court before filing saves time.
Foreign creditors sometimes overlook the distinction between recognition and enforcement. Recognition means the Belgian legal system acknowledges the judgment as valid; enforcement means coercive measures can be taken. A judgment can be recognised without being immediately enforceable - for example, if the debtor has no attachable assets in Belgium at the time of the exequatur. Creditors should conduct an asset investigation in parallel with the legal proceedings.
Timing also matters for precautionary measures. Under Belgian law, a creditor who fears that the debtor will dissipate assets before the exequatur is granted can apply to the president of the Court of First Instance for an urgent precautionary attachment (saisie conservatoire). This requires showing urgency and a prima facie valid claim, but it can be obtained within days and preserves assets pending the full exequatur procedure.
Finally, costs should not be underestimated. Professional fees for an exequatur procedure in a straightforward commercial matter typically start from the low thousands of EUR. Contested proceedings, translation costs for lengthy judgments, and bailiff fees for multiple enforcement actions can bring total costs to the mid-to-high thousands. Court filing fees are modest by comparison.
For guidance on asset tracing, precautionary measures or contested exequatur proceedings, contact info@vlolawfirm.com. We can assist with documents and filings.
What grounds can a Belgian court use to refuse enforcement of a foreign judgment?
Belgian courts apply a closed list of refusal grounds and do not re-examine the merits of the foreign decision. The main grounds are: the foreign court lacked jurisdiction under Belgian private international law; the judgment was obtained by fraud; the defendant';s rights of defence were violated; the judgment conflicts with a Belgian or previously recognised foreign judgment; or recognition would be manifestly contrary to Belgian public policy. In commercial matters, courts interpret public policy narrowly. A judgment applying foreign substantive law differently from Belgian law is not refused on that basis alone. Creditors should assess these grounds before investing in enforcement proceedings, as a refusal at the exequatur stage does not prevent the creditor from re-litigating the underlying claim in Belgium.
How long does it take and what does it cost to enforce a foreign judgment in Belgium?
For EU judgments under Brussels I bis, enforcement can begin within weeks of obtaining the Form I certificate from the court of origin, assuming no opposition from the debtor. For non-EU judgments requiring an exequatur, an uncontested procedure typically takes two to four months from filing to the grant of the order. Contested proceedings can take twelve months or more. Professional fees for a straightforward exequatur start from the low thousands of EUR and rise with complexity, translation volume and the degree of opposition. Bailiff fees for enforcement measures are additional and depend on the value of assets seized. Creditors should budget for translation costs, which can be significant for lengthy foreign judgments.
Does Brexit affect the enforcement of UK judgments in Belgium?
Yes, materially. Before the UK';s departure from the EU, English and Scottish court judgments were enforced in Belgium under Brussels I bis without a prior exequatur. That automatic mechanism no longer applies. UK judgments are now treated as third-country judgments and must go through the full exequatur procedure under the Belgian Code of Private International Law. There is currently no bilateral treaty between Belgium and the UK that replicates the Brussels I bis framework. This means UK creditors face a longer and more costly enforcement process than they did previously. The Hague Convention on Choice of Court Agreements (2005) provides a partial alternative for cases where the parties had an exclusive jurisdiction clause, but its scope is narrower than Brussels I bis.
Enforcing a foreign judgment in Belgium is achievable but requires careful navigation of either the EU Brussels I bis framework or the domestic exequatur procedure under the Code of Private International Law. The route depends on the judgment';s origin, and the practical steps - certification, translation, service and enforcement measures - each carry their own requirements and timelines. Early preparation, correct documentation and parallel asset investigation are the factors that most reliably determine whether enforcement succeeds.
VLO Law Firms advises international clients on judgment enforcement in Belgium. We can assist with exequatur applications, precautionary measures, asset tracing and coordination with Belgian bailiffs. To request a consultation, contact: info@vlolawfirm.com