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Appearance period in summary proceedings (Belgium)

At least 2 days between service of the summons and the hearing in summary proceedings (art. 1035), unless the president allows a summons from hour to hour (art. 1036).

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A file reference, never a client's name.

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Rules verified on 05/10/2026

A tool to assist lawyers. The lawyer remains responsible for the calculation and for checking the applicable rule.

Frequently asked questions

Is the appeal deadline extended during the judicial vacation?

Only if it both starts and ends between 1 July and 31 August. It is then extended to 15 September (Judicial Code, art. 50, al. 2). The rule covers appeal and opposition (arts. 1048, 1051 and 1253quater, c) and d)), not the cassation appeal.

Examples: a judgment served on Tuesday 30 June 2026 can be appealed until Tuesday 15 September 2026. Served on Monday 3 August 2026, the deadline ends on Thursday 3 September 2026, with no extension, because it does not end during the vacation.

How is a deadline in months computed?

From a date to the day before the same date in the target month (Judicial Code, art. 54), starting the day after the act (art. 52). A judgment served on Friday 2 October 2026: day 1 is Saturday 3 October, the last day Monday 2 November 2026.

If the matching day does not exist in the last month, the term ends on the last day of that month (Cass. 4 September 1995). Service on 30 January 2026: 28 February, a Saturday, so Monday 2 March 2026.

What if the last day falls on a weekend or a public holiday?

The last day moves to the next working day (Judicial Code, art. 53). Only the ten legal public holidays of the law of 4 January 1974 count. 11 July, 27 September, 15 November, 2 November and 26 December do not move a deadline, even if a registry is closed that day.

When does the time limit start after a judicial letter, a registered letter or an electronic notification?

  • Judicial letter (pli judiciaire, gerechtsbrief) or registered letter with acknowledgment of receipt: the day after the letter is presented at the address (art. 53bis, § 1, 1°).
  • Ordinary or registered letter: from the third working day after it is handed to the post, unless the addressee proves otherwise (art. 53bis, § 1, 2°). That third working day is day 1.
  • Electronic notification to the judicial electronic address (since 1 January 2025): the day after it is opened (art. 53bis, § 2). It counts only if the addressee could open it within 5 days of sending (art. 32bis).

Saturday is not a working day for the letter rule (Cass. 30 January 2009; Civil Code art. 1.7, § 3). Example: a letter handed to the post on Thursday 1 October 2026 gives working days Friday 2, Monday 5 and Tuesday 6 October; day 1 is Tuesday 6 October, and a one-month deadline ends on Thursday 5 November 2026.

Does a party living abroad get a longer deadline?

Yes, where a statute provides for it, as for appeal and opposition (Judicial Code, art. 55), when the party has no domicile, residence or elected domicile in Belgium:

  • 15 days for a neighbouring country or the United Kingdom;
  • 30 days for another European country;
  • 80 days for the rest of the world.

Example: service on 6 October 2026 on a party living in France. One month, then 15 days: Saturday 21 November, moved to Monday 23 November 2026. The Council of State applies its own extensions.

Until what time can I file on the last day?

Through e-Deposit, until midnight (Judicial Code, art. 52): the system's timestamp is what counts. On paper, only during the registry's opening hours.

If the Justice IT system fails on the last day, the act can still be done on the first working day after it (art. 52, al. 3 and 4).

Does the time limit run if the information sheet is missing?

No. Since 1 January 2023, the time limit does not start if the service or notification is void, if the information sheet (fiche informative, art. 780/1) is missing, or if it is wrong or incomplete in a way that could mislead a party acting in good faith (Judicial Code, art. 47bis, al. 2).

A tool to assist lawyers. The lawyer remains responsible for the calculation and for checking the applicable rule.