Belgium

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Law on commercial practices and the provision of information to and the protection of consumers

94/13 § 1, para. 2 and 94/13 § 2 If the proofs required under paragraph 1 are not provided or are considered insufficient, the Minister or the agent appointed for this purpose may regard the advertisement or the commercial practice as being contrary to the provisions of this chapter. §2. The advertiser or vendor are also obliged to provide this proof when cessation proceedings are commenced by: 1° The Minister and, if applicable, the competent Minister referred to in Article 98, §2; 2° The other persons referred to in Article 98, §1, provided that, having regard to the legitimate interests of the advertiser or vendor and of any other party to the proceedings, the presiding judge of the commercial court considers that such a requirement is appropriate, in view of the circumstances of the particular case. If the proofs required under paragraph 1 are not provided or are considered insufficient, the presiding judge of the commercial court may regard the factual statement as being incorrect.

Law on market practices and the protection of consumers

103 § 1, para. 3 and §2 If the evidence required under paragraph 1 is not provided or is considered insufficient, the Minister or the civil servant appointed for this purpose may deem the advertisement or the commercial practice to be contrary to the provisions of this chapter. §2. The enterprise is also obliged to provide this evidence where cessation proceedings are commenced by: 1° The Minister and, if applicable, the competent Minister referred to in Article 115; 2° The other persons referred to in Article 113, provided that, having regard to the legitimate interests of the enterprise and of any other party to the proceedings, the presiding judge of the commercial court considers that such requirement is appropriate, in view of the circumstances of the particular case. If the evidence required under paragraph 1 is not provided or is considered insufficient, the presiding judge of the commercial court may deem the factual statement to be incorrect.