How to Enforce Foreign Judgments in Belgium: Brussels I Recast, Exequatur & Bailiff Steps

Understanding how to enforce foreign judgements in Belgium is essential for any international creditor, in-house counsel or commercial litigator seeking to recover a debt or compel performance against a Belgian-domiciled party. Belgium operates a dual-track system: judgments from EU Member States benefit from near-automatic enforcement under Regulation (EU) No 1215/2012 (the Brussels I Recast), while non-EU judgments must pass through a national court recognition procedure known as exequatur. Arbitral awards follow a separate route under the 1958 New York Convention. This guide maps every step, documents, bailiff engagement, timelines, costs and grounds for refusal, so practitioners can move from judgment to recovery as efficiently as possible.

Five-step overview for busy counsel:

1. Identify the correct enforcement route (EU / non-EU / arbitral award).
2. Gather the required documents, certified judgment, Article 53 certificate or apostille, translations.
3. For non-EU judgments, file an exequatur application before the Belgian Court of First Instance.
4. Instruct a Belgian bailiff (huissier de justice) to serve the enforceable title on the debtor.
5. Proceed to seizure, garnishment or forced sale if the debtor does not pay voluntarily.

Legal Framework for the Recognition of Foreign Judgments in Belgium

The enforcement of judgments in Belgium rests on three principal legal pillars, each determining the procedure, documents and level of judicial scrutiny that apply.

EU judgments, Brussels I Recast. Regulation (EU) No 1215/2012 abolished the exequatur requirement for judgments given in EU Member States (except Denmark, which participates through a parallel agreement). A judgment accompanied by an Article 53 certificate issued by the court of origin is directly enforceable in Belgium without any declaration of enforceability. The Belgian court may only refuse enforcement on the narrow grounds set out in Articles 45 and 46 of the Regulation.

Non-EU judgments, national exequatur. Where no EU instrument or bilateral treaty applies, creditors must petition the Belgian Court of First Instance for a recognition and enforcement order. The court examines formal validity, jurisdiction of the foreign court, compliance with Belgian public policy and the debtor’s right to a fair hearing, in accordance with the Belgian Code of Private International Law (COPIL) and the Belgian Judicial Code (Code judiciaire).

Arbitral awards. Belgium is a party to the 1958 New York Convention. Enforcement follows a streamlined exequatur before the Court of First Instance, with refusal limited to the grounds enumerated in Article V of the Convention.

Key Statutes and Sources

• Regulation (EU) No 1215/2012, Articles 36–57 govern recognition and enforcement of EU judgments; Article 53 prescribes the certificate form.
• Belgian Judicial Code, governs enforcement procedures, including seizure, garnishment and bailiff powers. Article 877 provides courts with the power to order production of documents held by third parties.
• Belgian Code of Private International Law (COPIL, 2004), Articles 22–25 set the conditions for recognition of non-EU judgments.
• New York Convention (1958), provides the framework for arbitral award enforcement in Belgium.

Enforcing EU Judgments in Belgium: Brussels I Recast Enforcement

Since the abolition of the exequatur for intra-EU judgments, Brussels I Recast enforcement is the fastest route to recover against a Belgian debtor. The creditor does not need to apply to a Belgian court for a declaration of enforceability; the judgment is treated as if it were a domestic Belgian judgment once the prescribed certificate accompanies it.

Step-by-step process:

1. Obtain the Article 53 certificate. Apply to the court of origin (the court that rendered the judgment) for a certificate using the standard form in Annex I of Regulation 1215/2012. The certificate confirms the judgment is enforceable, identifies the parties and summarises the relief granted.
2. Prepare a certified copy of the judgment. The copy must satisfy the conditions necessary to establish its authenticity under the law of the Member State of origin.
3. Arrange translations. If the judgment and certificate are not in French, Dutch or German (Belgium’s three official languages), a certified translation into the language of the judicial district where enforcement is sought is required.
4. Serve the judgment and certificate on the debtor. Instruct a Belgian bailiff to serve the enforceable title. Under Article 43 of the Regulation, the judgment must be served on the debtor before any enforcement measure is carried out.
5. Initiate enforcement measures. Once service is confirmed, the bailiff may proceed to attach bank accounts, seize movable assets, garnish wages or begin real estate enforcement proceedings.

Documents Required and Translations

Typical Timeline and Costs for EU Enforcement

Because no Belgian court proceedings are needed, the timeline for Brussels I Recast enforcement is driven primarily by how quickly the certificate is obtained, translations are prepared and the bailiff serves the documents. Industry observers expect most straightforward EU enforcements to be completed within the following ranges:

Grounds for Refusal and How to Mitigate

A debtor may apply to the Belgian court (Court of First Instance) for refusal of enforcement under Article 45 of Regulation 1215/2012. The grounds are exhaustive and narrowly construed:

• Public policy (ordre public). Enforcement is manifestly contrary to Belgian public policy. Mitigation: ensure the foreign procedure respected fundamental rights, including the right to a fair hearing.
• Default judgment, lack of service. The debtor was not served with the document instituting proceedings in sufficient time to arrange a defence. Mitigation: retain proof of proper service under the law of the originating state.
• Irreconcilability. The judgment is irreconcilable with a judgment given between the same parties in Belgium, or with an earlier judgment from another state involving the same cause of action. Mitigation: conduct a conflict check before initiating enforcement.
• Jurisdiction grounds. Limited to cases involving insurance, consumer or employment contracts, or exclusive-jurisdiction matters (e.g., rights in rem in immovable property). Mitigation: verify jurisdictional compliance at the outset of foreign litigation.

In practice, Belgian courts grant refusal applications rarely. Early identification of potential grounds and preparation of counter-arguments is the most effective risk-management strategy.

Exequatur Procedure for Non-EU Judgments in Belgium

When a judgment originates from a non-EU state, and no applicable treaty (such as the Lugano Convention for EFTA states) provides a simplified route, the creditor must apply for an exequatur before a Belgian court. This is the formal procedure by which a foreign judgment is recognised and declared enforceable under Belgian law, governed primarily by the Belgian Code of Private International Law (COPIL).

Step-by-step exequatur procedure:

1. Check for bilateral or multilateral treaties. Belgium has enforcement treaties with several non-EU states. Where a treaty exists, its specific conditions and documentation requirements take precedence over the general COPIL regime.
2. File an exequatur application. The application is filed by way of a citation (summons) or requête (petition) before the Court of First Instance in the judicial district where the debtor is domiciled or where enforcement is sought.
3. Serve the application on the debtor. The debtor must be properly served, typically through a Belgian bailiff. If the debtor is abroad, service follows the Hague Service Convention or applicable bilateral agreements.
4. Court hearing and judicial review. The court examines whether the foreign judgment meets the recognition conditions under COPIL: (a) jurisdiction of the foreign court, (b) respect for the debtor’s right to a fair hearing, (c) absence of fraud, (d) compatibility with Belgian public policy, and (e) the judgment is final and enforceable in the country of origin.
5. Recognition judgment and enforcement. If the court grants the exequatur, the creditor obtains an enforceable Belgian title. The debtor may appeal the decision. Once final, enforcement proceeds through bailiff measures identical to those used for domestic Belgian judgments.

Documents, Translations and Legalisation

The following documents are typically required for a non-EU exequatur application:

• Authenticated copy of the foreign judgment, apostilled (for Hague Apostille Convention countries) or legalised through the Belgian consulate in the country of origin.
• Proof that the judgment is final and enforceable in the originating jurisdiction (certificate of enforceability from the foreign court or a declaration by counsel).
• Proof of service, evidence that the debtor was properly summoned and had the opportunity to appear.
• Certified translations of all documents into French, Dutch or German, depending on the judicial district.
• Power of attorney for Belgian counsel, if the creditor is acting through a legal representative.

Timelines, Court Steps and Costs

An exequatur Belgium proceeding is substantially longer than the EU route. After filing, the court typically schedules a hearing within two to four months. If the debtor opposes recognition, the proceedings may extend further. The likely practical effect is a timeline of three to nine months from filing to an enforceable decision. Costs, excluding counsel fees, generally range from €1,500 to €10,000 or more, covering court registry fees, translation and legalisation expenses, and bailiff service charges.

Practical Tips: Service via Bailiff and Provisional Measures

Creditors concerned about asset dissipation during the exequatur process should consider applying for conservatory attachment (seizure before judgment) under Belgian law. A creditor holding a foreign judgment, even one not yet declared enforceable, may persuade the Belgian attachment judge (juge des saisies) to freeze the debtor’s Belgian assets on an interim basis, provided the claim is established prima facie and there is urgency. This strategy protects the creditor’s position while the exequatur application proceeds.

Enforcement Measures and Belgian Bailiff Enforcement Process

Regardless of whether the enforceable title originates from an EU judgment, an exequatur order or a recognised arbitral award, actual recovery in Belgium is carried out by a huissier de justice (bailiff). The bailiff is a ministerial officer with exclusive authority to serve enforcement documents and execute forced measures against the debtor’s assets.

Step-by-step bailiff engagement:

1. Prepare the enforcement file. Compile the enforceable title, the Article 53 certificate or exequatur order, proof of service, a detailed statement of amounts due (principal, interest, costs) and a power of attorney.
2. Instruct the bailiff. Select a bailiff in the judicial district where the debtor’s assets are located. Provide the enforcement file and clear written instructions specifying the enforcement measures to be pursued.
3. Bailiff serves the title on the debtor. The bailiff delivers a formal command to pay (commandement de payer), giving the debtor a final opportunity to settle voluntarily.
4. Seizure and attachment. If the debtor fails to pay, the bailiff may: attach bank accounts (garnishment at third parties, saisie-arrêt), seize movable property at the debtor’s premises, or initiate proceedings for seizure of immovable property (real estate).
5. Forced sale. Where assets are seized, the bailiff organises a public auction. Proceeds are distributed among creditors according to statutory priority rules set out in the Belgian Judicial Code.

Provisional Measures: Conservatory Attachment and Freezing Orders

Belgium allows creditors to apply for conservatory attachment (saisie conservatoire) even before obtaining an enforceable title, provided the claim is certain, due and quantifiable, and there is a demonstrable risk that the debtor will dissipate assets. The application is made ex parte before the attachment judge. Once granted, the attachment freezes the debtor’s assets, including bank accounts, pending the outcome of the main enforcement proceedings. This measure is particularly valuable in cross-border cases where asset flight is a real concern.

Enforcing Against Corporate Debtors vs Individuals

Enforcement against corporate debtors in Belgium proceeds against the company’s registered assets: bank accounts, receivables, stock, equipment and real property. If the debtor company becomes insolvent, the enforcement creditor must contend with the Belgian insolvency regime, which may convert individual enforcement into collective proceedings. For individual debtors, Belgian law protects certain exempt assets, including a minimum threshold of income immune from garnishment and essential household goods. Creditors should factor these limitations into recovery estimates and, where possible, identify non-exempt assets (commercial real estate, investment accounts) early in the process.

Indicative bailiff fee ranges:

Enforcing Arbitral Awards in Belgium

Arbitral award enforcement in Belgium follows a procedure distinct from both EU and non-EU judgment enforcement. As a contracting state to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Belgium provides a streamlined recognition mechanism with limited grounds for refusal.

Key steps:

1. File for recognition and enforcement. The award creditor applies to the Court of First Instance for an exequatur, submitting the original award (or a certified copy), the arbitration agreement, and certified translations where required.
2. Judicial review. The court’s review is limited to the grounds listed in Article V of the New York Convention: incapacity of a party, invalidity of the arbitration agreement, lack of proper notice, the award exceeds the scope of the submission, irregularity in the composition of the tribunal, or the award violates Belgian public policy.
3. Enforcement via bailiff. Once the exequatur is granted, the recognised award is enforced through the same bailiff measures described above, garnishment, seizure and forced sale.

Typical timelines for arbitral award enforcement Belgium cases range from two to six months, depending on whether the debtor opposes recognition. Costs generally fall between €1,000 and €8,000, excluding legal representation.

Practical Checklist for Enforcing Foreign Judgements in Belgium

The following ten-point checklist consolidates the key actions for practitioners preparing to enforce a foreign judgment or arbitral award in Belgium:

1. Identify the correct enforcement route: EU (Brussels I Recast), non-EU (exequatur), or arbitral award (New York Convention).
2. Obtain the Article 53 certificate from the originating court (EU judgments) or a certificate of enforceability (non-EU judgments).
3. Procure certified copies of the judgment or award and the underlying agreement (for arbitral awards).
4. Arrange certified translations into French, Dutch or German as required by the target judicial district.
5. Apostille or consularly legalise all documents originating from non-Hague Convention countries.
6. Prepare a detailed breakdown of amounts due: principal, contractual and statutory interest, and enforcement costs.
7. For non-EU judgments, instruct Belgian counsel to draft and file the exequatur application before the Court of First Instance.
8. Consider applying for conservatory attachment if there is a risk of asset dissipation during the exequatur process.
9. Instruct a Belgian bailiff in the relevant judicial district; provide the complete enforcement file and clear written instructions.
10. Monitor enforcement progress, confirm service, voluntary payment deadline and, if necessary, seizure and auction dates.

How to Enforce Foreign Judgements in Belgium: Costs, Timelines and Comparative Table

The table below summarises the key differences between the three principal enforcement routes. All cost estimates exclude legal counsel fees, which vary based on complexity, debtor resistance and the value of the claim.

Important variables: The figures above represent indicative ranges. Actual costs and timelines depend on the complexity of the case, the volume of documents requiring translation, whether the debtor contests enforcement, and the specific judicial district involved. Brussels and Antwerp courts, for example, may have longer scheduling delays than smaller districts.

Conclusion

Belgium offers a well-established and internationally aligned framework for enforcing foreign judgments and arbitral awards. The Brussels I Recast provides an exceptionally efficient mechanism for EU judgments, requiring no Belgian court proceedings beyond bailiff-led execution. Non-EU judgments demand greater preparation through the exequatur procedure, yet the process is methodical and well-defined under Belgian law. In every scenario, the Belgian bailiff (huissier de justice) remains the essential enforcement agent on the ground. Practitioners who assemble the correct documentation, secure timely translations and engage an experienced bailiff will find that understanding how to enforce foreign judgements in Belgium translates directly into faster, more cost-effective recoveries.

For tailored guidance on a specific enforcement matter, find Belgian civil enforcement counsel through the Global Law Experts directory.

Sources

1. EUR-Lex, Regulation (EU) No 1215/2012 (Brussels I Recast)
2. Belgian Judicial Code (Code judiciaire / Gerechtelijk Wetboek), official texts
3. Belgian Ministry of Justice, official enforcement guidance
4. Chambers Practice Guides, Enforcement of Judgments: Belgium (2025)
5. Simont Braun, ICLG: Enforcement of Foreign Judgments (Belgium, 2020)
6. Multilaw, Enforcement of Foreign Judgments (Belgium, 2024)
7. Lexology, How to enforce foreign judgments in Belgium
8. UNCITRAL, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958)
9. International Bar Association, cross-border enforcement guidance