Our Experience

I. The lawyers of the department have pleaded, among others, the following litigations:

Rejection of a demand for the requalification of an emphyteusis contract into a commercial leasing contract, intervening on behalf of the owner, which is a fund comprising real estate certificates; the Court of Cassation found in our client's favour in a fundamental judgement. The judgement was published in all the specialised journals (notably Cass. 30 March 2006, R.W. 2006 - 2007, 647 and the note "Emphyteusis, more contract freedom than expected"),
Obtaining a rent increase within the scope of a long-term commercial lease in favour of an institutional investment fund. The Court of Cassation agreed with the advice we gave to our client, namely that in interpreting Article 6 of the Law on commercial leases, a rent increase should be permitted based on the notion of new circumstances (Cass. 7 January 2007, www.cass.be).
Obtaining the nullity of the sales of a building complex sold in violation of a clause, according a pre-emptive right to our client. The Court of Cassation approved the judgement of the Court of Appeal of Brussels which declared the sale null, based on the theory of third party complicity in the violation of a contract (Cass. 27 April 2006, www.cass.be),
Intervention in litigations in order to obtain the termination of rental contracts, collection of bank guarantees and the optimisation of litigations regarding the end of contracts (rental damage; succession of lessees, securities, etc).

II. The department has treated non-litigious cases, notably in the following matters:

Due diligence for acquisition of real estate companies or buildings
Data room constitution in the scope of action cessions of real estate companies or buildings
The responsibility of the legal panel in the scope of Public-Private Partnerships (PPP)
Drawing up basic acts for building high-rise buildings
Legal assistance for promoters for executing complex projects
Legal assistance for public authorities for executing their major real estate projects.