Month: January 2023

Newsflash: Legal interest rates rise substantially

Belgian legal interest rates on late payments do not escape the current economic and financial climate either and undergo a substantial increase as from 1 January 2023 both in terms of the ordinary legal interest rate as well as that applicable to trade transactions.

The FOD Finance has just communicated the legal late payment interest rate applicable as from 1 January 2023.[1]  You can find the information sheet here.

The ordinary legal interest rate rises from 1,50% to no fewer than 5,25% as from 1 January 2023.

The interest rate for ” trade transactions ” in turn increases from 8% to 10.50%. The application of this interest rate is limited to “commercial transactions” which are defined in accordance with the Late Payment Act[2] as: “A transaction between companies or between companies and public authorities leading to the supply of goods, the provision of services or the design and execution of public works and building and civil engineering works against remuneration.”

As a debtor, you will therefore have to more than ever pay attention to your payment deadlines as the interest always provided for by law as compensation for late payment has risen substantially, regardless of what may be contractually provided.

This may possibly be an appropriate time for you as a company to have your general terms and conditions as concerning late payments reviewed. In addition, there have been important legal changes that should also be taken into account during such a review in relation to unlawful clauses. See our prior article on this subject on Jubel.[3]

For further questions on this subject, you can always contact us by e-mail: [email protected] or by phone: 03/216.70.70.

[1] See:

[2] Wet van 2 augustus 2020 betreffende de bestrijding van de betalingsachterstand bij handelstransacties.



Since the 1st of February 2021, Flemish cities and municipalities can punish limited speeding offences on roads with a speed limit of 30 or 50 km/h with a GAS fine.

A GAS fine is not possible for every speed offence. Such fine can only be imposed if five cumulative conditions are fulfilled:

  1. A first condition is that the offence takes place on roads where 30km/h or 50km/h is the speed limit (regardless of who the road authority is).
  2. A second condition is that the authorized maximum speed must not be exceeded by more than 20 km/h (in addition to the technical correction of 6 km). After all, it is about the “limited” speeding offences.
  3. A third condition is that the speed offence is recorded with a municipal speed camera that is the property of the authority.
  4. A fourth condition is that the speeding offence must have been committed by a natural or legal person.
  5. A fifth condition is that only the speeding offence was committed. No other offence may also be committed at the same time. A GAS fine cannot be imposed if the limited speeding offence would be accompanied by, for example, driving through a red light.

The offence report must be delivered to the sanctioning official within one month from the day of the offence. The sanctioning official will check whether the aforementioned five conditions are met.

If the sanctioning official finds that the aforementioned conditions are not met, he will notify the offender and criminal proceedings will follow.

If the sanctioning official finds that the aforementioned conditions are fulfilled, he shall deliver the PV along with the amount of the GAS fine to the violator.

The offender may contest the fine in writing by submitting his defenses to the sanctioning official. The official will examine whether the conditions of the GAS fine have been met. This official may accept the defense or declare it inadmissible and/or unfounded. The offender may appeal the decision of the official within one month from the date of notification to the police court through a simple petition.

If the official does not accept the defense and you do not wish to appeal, the offending party must pay the fine within a period of 30 days.

Contact us timely if you do not agree with a GAS fine.

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