Europe – France – In its judgment of 2 September 2026, the European Court of Human Rights held that the criminal confiscation of jointly owned property, despite the absence of a criminal conviction of one of the spouses deprived of the property, did not violate Article 1 of Protocol No. 1 to the European Convention on Human Rights
HAVET & VANHUFFEL – Association d’avocats 1. The facts The applicant is the wife of a man who was criminally convicted of breach of trust. In the context of these proceedings, two properties belonging to the spouses’ matrimonial community were seized...
Belgium – Federal State – The Chamber of Representatives Adopts Book 7 of the New Civil Code on 16 July 2026 and Modernises the Various Real Estate Contracts (Sale, Construction/Real Estate Services and Lease)
The Chamber of Representatives has adopted Book 7 of the new Civil Code, devoted to special contracts. This reform forms part of the extensive recodification of Belgian civil law that has been underway for several years. Following the books devoted to property,...
Europe – In its judgment of 16 July 2026 (Joined Cases C-27/25 and C-356/25), the Court of Justice of the European Union held that Article 6(3) of the Habitats Directive precludes a national authority from lawfully carrying out an appropriate assessment of a project affecting a Special Protection Zone (Zone de Protection Spéciale – ZPS) where the site-specific conservation objectives for that zone have not been adopted beforehand. The Court further held that, prior to the adoption of those conservation objectives, only the geographical delimitation of the area potentially affected may be undertaken, whereas the assessment of the project’s effects on the protected site cannot. The judgment thus reinforces the principle that site-specific conservation objectives are a necessary and indispensable prerequisite for the protection regime governing Natura 2000 sites
HAVET & VANHUFFEL – Association d’avocats In its judgment of 16 July 2026 (Joined Cases C-27/25 and C-356/25), the Court of Justice of the European Union held that Article 6(3) of the Habitats Directive precludes a national authority from lawfully...