Language of court proceedings in Belgium: the law of 15 June 1935

The rule in brief

• The seat of the court decides: French (art. 1), Dutch (art. 2) or German (art. 2bis) of the law of 15 June 1935 on the use of languages in judicial matters.
• Brussels. The language of the writ (acte introductif d'instance / gedinginleidende akte) follows the defendant's domicile (art. 4). Domicile in one of the 19 communes, or no known domicile in Belgium: the plaintiff chooses. Cases tied to Halle-Vilvoorde proceed in Dutch (art. 3).
• The defendant's request. In Brussels and for some facility communes (communes à facilités / faciliteitengemeenten), the defendant may ask for the other language, before any defence.
• Joint request. All parties may ask together for another language (art. 7).
• Appeal. In the language of the judgment under appeal (art. 24).
• Sanction. An act in the wrong language is void, and the judge raises it of its own motion (art. 40).

The language of proceedings tool gives the language, the article and the ways to change it from the court's seat and the defendant's domicile.

Courts by language region (arts. 1, 2 and 2bis)

• French: the civil, enterprise and labour courts of Hainaut, Liège, Luxembourg, Namur and Walloon Brabant, and the French-language courts of Brussels.
• Dutch: those of Antwerp, East Flanders, West Flanders, Limburg and Leuven, and the Dutch-language courts of Brussels.
• German: the courts of the Eupen arrondissement, including the justices of the peace of Eupen and Sankt-Vith.

Outside Brussels and the facility communes, a civil defendant has no right of its own to change the language: only a joint request does.

Brussels (arts. 4 and 6)

Art. 4 covers the courts seated in the Brussels arrondissement that hear cases at first instance, except the cases of art. 3. The language of the writ follows the defendant's domicile:

• French-language region: French;
• Dutch-language region: Dutch;
• one of the 19 communes of Brussels-Capital, or no known domicile in Belgium: the plaintiff's choice.

For a legal person, the registered office counts (Constitutional Court, judgment 11/2014). A worker tied to a Brussels establishment may sue the employer, or its work-accident insurer, in the language that party must use towards the worker (judgments 98/2010 and 11/2014). With several defendants, the region of the majority decides (art. 6).

Art. 4 is silent on a defendant domiciled in the German-language region, and offers no German option; no ruling or doctrine settles that case. A writ served in that region must in any event be translated into German (art. 38).

The defendant's request

The defendant asks for the other language before any defence and any exception, even of incompetence.

• Form. In person, orally. When represented, in writing, drawn up and signed by the defendant personally.
• Decision. The judge rules at once, by a reasoned decision.
• Effect. Before a justice of the peace (juge de paix / vrederechter), the case continues in the other language before the same judge. Other courts send the case to the court of the other language.
• Refusal. The judge may refuse if the defendant knows the language of the writ well enough. For a defendant domiciled in the 19 communes or in one of the six periphery communes (communes périphériques / randgemeenten), only two grounds remain: the request goes against the language of most of the relevant documents, or against the language of the employment relationship.

Agreement and recourse

Parties all domiciled in the Brussels arrondissement may, once the dispute has arisen, appear voluntarily or file a joint application before the court of the language they choose (art. 7ter).

A breach of arts. 3 to 7ter by a Brussels court opens a recourse under art. 23quater: within 15 days of receiving the decision, before the French- and Dutch-language tribunals of the arrondissement sitting together. The recourse is reasoned and suspends the case; no opposition or appeal lies against the ruling.

Halle-Vilvoorde and the facility communes

• Art. 3. The justices of the peace and police courts of the Halle-Vilvoorde cantons proceed in Dutch, the police courts for road accidents up to the art. 590 Judicial Code amount (€5,000). So do the Brussels courts whose territorial jurisdiction rests on a place in Halle-Vilvoorde.
• Six periphery communes (Drogenbos, Kraainem, Linkebeek, Rhode-Saint-Genèse, Wemmel, Wezembeek-Oppem). Before the justices of the peace of Kraainem, Rhode-Saint-Genèse and Meise, a defendant domiciled there may ask for French before any defence, refused only on the two grounds above (art. 7bis). Before the Brussels courts, the same request leads to a referral (art. 4, § 3).
• Mouscron, Comines-Warneton and Voeren. A defendant domiciled there may ask for Dutch (Mouscron, Comines-Warneton) or French (Voeren), before any defence. The justice of the peace continues in that language; other courts send the case to the nearest court of the other language (art. 7, § 1bis).

The joint request (art. 7)

All parties may ask for the case to proceed in another language. The request is made in the writ or by the defendant, and both parties accept it before any defence, at the introductory hearing or in writing to the registry (greffe / griffie) at the latest 8 days before. The judge rules within 15 days; without an order, the request is deemed accepted. The case goes to a court of the same type in the requested language. A justice of the peace in Brussels-Capital keeps the case and changes language. No opposition or appeal lies, save the art. 23quater recourse in Brussels.

Appeal (art. 24)

The appeal proceeds in the language of the judgment under appeal. An appeal against a judgment in German proceeds in German, in Liège. A defendant who defaulted at first instance may still ask for a change of language at the start of the appeal (Constitutional Court, judgment 124/2019).

Nullity and how it is covered (art. 40)

An act that breaches arts. 1 to 39 is void, and the judge raises the nullity of its own motion; no harm needs to be shown. A contradictory judgment that is not purely preparatory covers the nullity of the writ and of earlier acts, but not of the judgment itself. A void act still interrupts limitation and procedural time limits.

The law of 25 May 2018 tried to bring art. 40 under the general regime of nullities; the Constitutional Court annulled that change (judgment 120/2019). Only purely formal language errors in a judgment can be corrected, under art. 794 of the Judicial Code.

Documents, translations and service (arts. 8 and 38)

• Pieces. The judge orders a translation only at the request of the party the piece is used against, by a reasoned decision with no appeal; the costs are recoverable (art. 8). In a criminal case, the Court of Cassation held that pieces are not procedural acts and fall outside the art. 40 nullity (Cass., 30 January 2024).
• Conclusions and their inventory are procedural acts: they follow the language of the proceedings. See the guide to drafting conclusions.
• Service (signification / betekening) in another language region needs a translation, unless the recipient chose or accepted the language (art. 38).

Worked examples

Each case was run through the engines of the language and competent court tools.

1. €8,000 before the Brussels court of first instance, defendant domiciled in one of the 19 communes. The plaintiff chooses French or Dutch (art. 4). The defendant may ask for the other language before any defence; the judge may refuse only on the two grounds (documents, employment relationship). If granted, the case goes to the court of the other language. Recourse: art. 23quater, within 15 days.
2. The same claim, defendant domiciled in the Dutch-language region. Dutch. The defendant may ask for French, refused if the defendant knows Dutch well enough.
3. €3,000 before a justice of the peace seated in Halle-Vilvoorde, defendant domiciled in a periphery commune. Dutch (art. 3). The defendant may ask for French before any defence (art. 7bis); the same judge continues in French, and only the two grounds allow a refusal.
4. €7,000 before a court of first instance in Hainaut, defendant domiciled in Mouscron. French (art. 1). The defendant may ask for Dutch before any defence; the case then goes to the nearest Dutch-language court (art. 7, § 1bis).
5. Appeal against a €6,000 judgment of the Leuven court of first instance. The judgment is appealable (above €2,500) and the appeal proceeds in Dutch (art. 24).

Test your own case with the language of proceedings tool, and find the court itself with the competent court tool and the guide on which court has jurisdiction.

Common mistakes and limits

• Raising a defence first. The request for a change of language comes before any defence, or the right is lost.
• Translating every piece by default. Only a party's request leads to a translation order.

The tool does not cover criminal cases or a defendant domiciled in the German-language region sued in Brussels. It does not apply the majority rule between several defendants itself (art. 6), and it does not name the court a case is sent to.

The tool assists the lawyer, who remains responsible for the choice of language and for checking the applicable rule.

Sources

• Law of 15 June 1935 on the use of languages in judicial matters, arts. 1 to 8, 23quater, 24, 38 and 40. Verified on 4 October 2026.
• Law of 19 July 2012 reforming the Brussels judicial district: Moniteur belge of 22 August 2012. Verified on 4 October 2026.
• Constitutional Court, judgments 98/2010, 11/2014, 120/2019 and 124/2019 (verified on 4 October 2026); 116/2018, quoting art. 4 in full (verified on 5 October 2026).
• Court of Cassation, 30 January 2024, P.23.1581.N. Verified on 4 October 2026.
• Judicial Code, arts. 590 and 794: text on Justel. Verified on 4 October 2026.