Enforcing a United Kingdom Court Judgment in Belgium

Enforcing a United Kingdom court judgment in Belgium is achievable, but the legal framework changed fundamentally after the UK left the European Union. Before Brexit, a UK judgment could circulate freely across EU member states under the Brussels I Recast Regulation. That automatic mutual recognition no longer applies. Today, a creditor seeking to enforce a UK money judgment, injunction or other order in Belgium must follow the Belgian common-law exequatur procedure, which requires a formal court application in Belgium before any enforcement step can begin. This guide explains the current procedure, the documents required, realistic timelines and costs, the defences a Belgian debtor can raise, and the practical strategy that gives creditors the best chance of success.

The Brussels I Recast Regulation (EU No 1215/2012) created a streamlined system under which a judgment from one EU or EEA state was enforceable in another with minimal formality. The UK was part of that system until the end of the transition period. Once the UK became a third country, Belgian courts lost the obligation to recognise UK judgments automatically.

No bilateral treaty between the UK and Belgium fills that gap. The two countries have not concluded a specific enforcement convention, and the 1968 Brussels Convention - the predecessor to the Recast Regulation - no longer applies to the UK. As a result, Belgian courts now assess UK judgments under the Belgian Code of Private International Law (the CPIL, adopted by the Act of 16 July 2004 and subsequently amended). That statute governs recognition and enforcement of judgments from all non-EU states, including the UK.

The practical consequence is that enforcement requires a two-stage process. First, the creditor must obtain a Belgian declaration of enforceability - the exequatur - from a competent Belgian court. Only after that declaration is granted can the creditor instruct a Belgian bailiff (huissier de justice) to carry out actual enforcement measures such as attachment of bank accounts, seizure of movable assets or registration of a lien on immovable property.

A common mistake among UK-based creditors is to assume that a certified copy of the UK judgment, accompanied by a translation, is sufficient to instruct a Belgian bailiff directly. It is not. The exequatur step is mandatory and cannot be bypassed.

The exequatur application is filed with the Court of First Instance (Tribunal de première instance / Rechtbank van eerste aanleg) in the judicial district where the debtor is domiciled or where the assets to be seized are located. If the debtor has no domicile in Belgium, the Brussels court has residual jurisdiction in many cases.

The application is made by way of a unilateral petition (requête unilatérale) in straightforward cases, or by summons (citation) if the matter is contested or the court requires adversarial argument. In practice, Belgian courts often convert a unilateral petition into a contradictory procedure once the debtor is notified, so creditors should be prepared for the debtor to participate.

The core documents the creditor must submit include:

• The original or a certified copy of the UK judgment, authenticated where required.
• A sworn translation into French or Dutch, depending on the linguistic region of the court.
• Proof that the judgment is final and enforceable in the UK (a certificate of enforceability or equivalent).
• Evidence that the defendant was properly served in the original UK proceedings.

The court examines whether the conditions set out in Articles 22 to 25 of the CPIL are satisfied. It does not re-examine the merits of the dispute. The review is limited to procedural and public-policy grounds.

Once the dossier is complete and filed, the court typically schedules a hearing within four to eight weeks. If the petition is uncontested and the documents are in order, a decision can follow within two to four months of filing. Contested proceedings - where the debtor actively opposes recognition - can extend the timeline to twelve months or more, particularly if the debtor raises substantive defences or appeals.

After the exequatur is granted, the creditor obtains an enforceable title under Belgian law. The bailiff can then proceed with enforcement measures. Attachment of a Belgian bank account (saisie-arrêt) is often the fastest route and can be executed within days of receiving the enforceable title.

Belgian courts apply a structured checklist when deciding whether to grant exequatur. Understanding each condition helps creditors prepare a strong dossier and anticipate debtor objections.

Finality and enforceability. The judgment must be final and enforceable in the UK. A judgment under appeal, or one subject to a stay of execution, will generally not be recognised until those proceedings are resolved. Creditors should obtain a certificate from the issuing UK court confirming the judgment's status.

Proper service and procedural fairness. Article 25(1)(b) of the CPIL requires that the defendant was duly served in the original proceedings and had a genuine opportunity to defend. Belgian courts scrutinise this condition carefully. If service was effected by a method that does not meet Belgian standards of due process - for example, service by post to a Belgian address without compliance with the Hague Service Convention - the court may refuse recognition.

No conflicting Belgian judgment. If a Belgian court has already ruled on the same dispute between the same parties, the Belgian judgment takes precedence. A creditor should verify whether any parallel proceedings exist in Belgium before filing.

No manifest violation of Belgian public policy. This is the broadest ground for refusal. Belgian courts interpret public policy (ordre public) narrowly in commercial matters, but it can be invoked against punitive damages awards that are disproportionate by Belgian standards, or against judgments obtained by fraud. In practice, a standard UK commercial judgment for a liquidated sum rarely triggers this defence.

Jurisdiction of the UK court. The Belgian court verifies that the UK court had jurisdiction under criteria acceptable to Belgian private international law. A jurisdiction clause in a commercial contract that designated the UK courts is generally sufficient. Default judgments require closer scrutiny to confirm that jurisdiction was properly established.

A non-obvious requirement is that the translation must be sworn by a certified translator recognised in Belgium. A translation produced in the UK, even by a professional translator, may be rejected if the translator is not on the Belgian official list. Creditors should commission the translation through a Belgian-certified translator from the outset.

The cost of enforcing a UK judgment in Belgium has several components, and many creditors underestimate the total outlay before enforcement measures actually begin.

Court fees and filing costs. Belgian court fees for exequatur proceedings are relatively modest at the filing stage. However, the overall cost rises quickly once professional fees are added.

Belgian legal fees. A Belgian lawyer (avocat) must represent the creditor in the exequatur proceedings. Fees depend on the complexity of the case, the value of the judgment and whether the proceedings are contested. For a straightforward uncontested application, professional fees typically start from the low thousands of EUR. Contested proceedings involving appeals can reach the mid-to-high tens of thousands of EUR.

Translation costs. Sworn translations of lengthy judgments - particularly those involving detailed findings of fact - can be a significant line item. Costs vary by word count and urgency.

Bailiff fees. Once the exequatur is granted, the bailiff charges fees regulated by Belgian law for each enforcement measure. Attachment of a bank account and seizure of assets each carry their own tariff.

Practical scenario one: straightforward debt recovery. A UK company holds a final High Court judgment for an unpaid invoice against a Belgian distributor. The judgment is uncontested, service was effected through proper channels, and the Belgian debtor has a known bank account. In this scenario, the exequatur can realistically be obtained within three to five months, and bank attachment can follow within days. Total professional costs from filing to first enforcement measure are likely to fall in the range of several thousand to low tens of thousands of EUR, depending on the value and complexity.

Practical scenario two: contested recognition with public-policy argument. A UK arbitral award confirmed by a UK court is presented for exequatur. The Belgian debtor argues that the underlying contract was void under Belgian law and that recognition would violate public policy. The court schedules multiple hearings. The creditor must respond to each objection with expert evidence and legal argument. The timeline extends to twelve to eighteen months, and professional fees rise substantially. In this scenario, a creditor should assess whether the recoverable assets in Belgium justify the investment before proceeding.

Many underestimate the cost of obtaining and authenticating the UK judgment documents. Apostille certification, sworn translations and notarial authentication can add several weeks and meaningful cost to the preparation phase before the Belgian court application is even filed.

If you are assessing whether enforcement in Belgium is commercially viable, we can help structure the setup correctly the first time. Contact us at info@vlolawfirm.com for an initial assessment.

A debtor served with an exequatur application has several procedural and substantive tools available. Creditors should anticipate these defences and prepare responses in advance.

Challenging service in the original UK proceedings. This is the most frequently raised defence. If the debtor was a Belgian entity or individual, service should have complied with the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents. Service by simple post to a Belgian address, without going through the Belgian Central Authority, is often challenged successfully. Creditors should verify the service record before filing in Belgium.

Disputing the finality of the judgment. If an appeal is pending in the UK, the debtor will argue that the judgment is not yet final. The creditor can request a provisional exequatur in some circumstances, but this is not guaranteed. Alternatively, the Belgian court may stay the exequatur proceedings pending the outcome of the UK appeal.

Invoking public policy. As noted above, this defence rarely succeeds in standard commercial cases. However, it is routinely raised as a delaying tactic. The creditor should be prepared to demonstrate that the UK judgment meets basic standards of procedural fairness and proportionality.

Arguing lack of jurisdiction of the UK court. If the underlying contract contained no jurisdiction clause, or if the clause is ambiguous, the debtor may argue that the UK court lacked jurisdiction under criteria recognised by Belgian private international law. Creditors should gather all contractual documents evidencing the parties' agreement to UK jurisdiction.

Res judicata and lis pendens. If the debtor has initiated proceedings in Belgium on the same subject matter - even after the UK judgment was issued - the Belgian court must assess whether those proceedings affect recognition. A debtor may strategically file a Belgian action to complicate enforcement. Creditors should monitor Belgian court registers for any parallel proceedings.

In practice, founders and creditors should consider that even a successful exequatur does not guarantee recovery if the debtor has dissipated assets or transferred them to third parties. A conservatory attachment (saisie conservatoire) can be sought before or during the exequatur proceedings to freeze assets while the recognition application is pending. This requires a separate application to a Belgian court and a showing of urgency and apparent merit.

Once the Belgian court grants the exequatur, the creditor holds an enforceable title equivalent to a Belgian judgment. The full range of Belgian enforcement measures becomes available.

Bank account attachment (saisie-arrêt). This is typically the fastest and most effective measure for money judgments. The bailiff serves the attachment order on Belgian banks, which are required to freeze funds up to the amount of the debt. Belgian banks generally comply promptly. The debtor has a limited period to challenge the attachment before the seized funds are transferred to the creditor.

Seizure of movable assets. The bailiff can seize and sell movable property belonging to the debtor, including inventory, equipment and vehicles. This measure is more complex and time-consuming than bank attachment, and the proceeds of sale may be lower than the asset's market value.

Mortgage registration on immovable property. For larger judgments, the creditor can register a judicial mortgage on Belgian real estate owned by the debtor. This does not immediately produce cash but prevents the debtor from selling or encumbering the property without satisfying the debt.

Garnishment of receivables. If the debtor is owed money by third parties in Belgium, the creditor can attach those receivables. This is particularly useful when the debtor has Belgian customers or is owed rent by Belgian tenants.

A non-obvious practical point is that Belgian enforcement law gives certain creditors - including employees, tax authorities and social security bodies - preferential ranking over ordinary commercial creditors. A creditor who obtains exequatur and proceeds to enforcement may find that the recoverable amount is reduced by prior-ranking claims. A pre-enforcement asset and liability check, conducted through Belgian official registers, is advisable before committing to the full enforcement process.

Does a UK arbitral award need exequatur in Belgium, or only a court judgment?

A UK arbitral award follows a different recognition path from a court judgment. Belgium is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, and the UK remains a party as well. Under the New York Convention, a foreign arbitral award can be recognised and enforced in Belgium through a dedicated procedure that is generally more streamlined than the CPIL exequatur for court judgments. The grounds for refusal under the New York Convention are narrower and more precisely defined. However, the award must still be presented to a Belgian court for a declaration of enforceability, and a sworn translation is required. In practice, the New York Convention route is often faster and more predictable than the common-law exequatur for court judgments, which is why parties with a choice between litigating and arbitrating a cross-border dispute sometimes prefer arbitration for enforcement reasons.

How long does the full process take from filing to receiving money?

The timeline depends heavily on whether the proceedings are contested. An uncontested exequatur in a straightforward commercial case can be obtained within three to five months of filing a complete dossier. Bank attachment can follow within days of receiving the enforceable title, and funds can be transferred to the creditor within a further few weeks. In total, a creditor in a favourable scenario might receive payment within five to eight months of filing. Contested proceedings, including appeals, can extend the total timeline to two years or more. Asset tracing and enforcement against non-liquid assets add further time. Creditors should build realistic timelines into their cash-flow planning and consider whether a negotiated settlement - using the pending exequatur as leverage - might produce a faster result.

What happens if the debtor has no assets in Belgium but is incorporated there?

Incorporation in Belgium does not guarantee the presence of attachable assets. A Belgian company may hold its liquid assets in other jurisdictions or have transferred assets to subsidiaries or related parties. Before investing in exequatur proceedings, creditors should conduct a preliminary asset search using Belgian official registers - including the Crossroads Bank for Enterprises (CBE), the mortgage register and the Belgian Official Gazette - to identify real estate, registered vehicles and recent corporate filings. If the Belgian entity appears to be a shell or has been stripped of assets, enforcement in Belgium may not be commercially viable. In that scenario, the creditor should assess whether assets exist in other jurisdictions where the UK judgment can be recognised, or whether insolvency proceedings in Belgium might produce a better outcome than individual enforcement.

Enforcing a UK court judgment in Belgium requires patience, careful preparation and local legal expertise. The exequatur procedure under the Belgian CPIL is manageable for creditors who present a complete, well-documented dossier and anticipate the defences a debtor is likely to raise. The key variables are the quality of service in the original UK proceedings, the finality of the judgment and the availability of attachable assets in Belgium.

VLO Law Firm advises international clients on judgment enforcement in Belgium and cross-border recovery matters. We can assist with exequatur applications, document preparation, asset tracing, conservatory attachments and coordination with Belgian bailiffs. To request a consultation, contact: info@vlolawfirm.com