Belgium Must Overhaul Sales Law After Landmark EU Ruling

Belgium is facing a fundamental overhaul of its sales legislation after the Council of State ruled that the country’s long-standing restrictions on the use of the term “solden” (sales) are incompatible with European Union law. Federal Minister for Consumer Protection Rob Beenders has acknowledged that issuing fines under the current law is no longer effective and has committed to drafting new legislation.

The Ruling

On 20 May 2026, the Belgian Council of State issued three landmark rulings annulling administrative fines imposed on fashion retailers ZEB, Point Carré, and The Fashion Store — all owned by Colruyt Group subsidiary The Fashion Society, which operates approximately 130 stores in Belgium. The fines, totaling €24,000 per chain, had been levied by the Federal Public Service Economy for using the term “solden” outside the legally mandated sales periods in January and July, as reported by VRT NWS.

The court found that Article VI.25 of the Belgian Economic Law Code conflicts with the EU Unfair Commercial Practices Directive (2005/29/EC), which aims for full harmonization across member states and does not permit additional national restrictions on sales terminology.

A Long-Awaited Conflict

The tension between Belgian sales law and EU law is not new. The Council of State’s legislation section had warned about the incompatibility as early as 2009 and again in 2013. In 2011, the EU Court of Justice questioned the Belgian “sperperiode” (restricted period) rules in the Inno and Wamo cases, and in 2014 condemned Belgian rules on price reduction announcements in Case C-421/12.

Belgium had attempted to circumvent EU law in 2013 by amending Article VI.25 to explicitly state that the provision aims “to ensure fair market practices between undertakings” — framing it as purely B2B regulation to escape the directive’s scope. The Council of State rejected this approach, ruling that the actual content and history of the provision demonstrate a consumer protection objective regardless of the amended language, according to a detailed legal analysis by attorney Joris Deene.

Minister’s Response

Minister Beenders stated on Radio 2’s WinWin program that continuing to issue fines under the current law “makes little sense.” “Now that this Council of State ruling exists, it would be of little use to continue inspections. If something is based on legal quicksand, you shouldn’t issue fines. That serves no one,” he said.

Beenders has committed to studying the ruling and bringing a legislative proposal to the government. “We must find a good balance to avoid a major price war that would push smaller shopkeepers out of town centers,” he said. “At the same time, I want to continue protecting consumers as much as possible against false discounts.”

Winners and Losers

The ruling has drawn sharply divided reactions. ZEB marketing director Erika Mees welcomed the decision, stating: “In other words, you may use the word ‘solden’ outside the sales period. With that, sales periods are de facto abolished.” ZEB, which had accumulated approximately €100,000 in fines over the past two years, has already announced a new sales campaign starting 23 May.

Consumer organization Testaankoop (Test-Achats) sees benefits for shoppers. Spokesperson Laura Clays noted that consumers will now see more frequent discounts on clothing, textiles, and leather goods. However, she warned that “it becomes more important than ever for consumers to look at the reference price when you see a discount,” as reported by VRT NWS.

Independent retailers, however, are deeply concerned. Mode Unie and UNIZO strongly criticized the ruling, warning it threatens the survival of small independent retailers who rely on the regulated sales framework. “Without this protection, independent retailers risk being pushed out of the market, resulting in a wave of bankruptcies in the independent segment,” said Isolde Delanghe, director of Mode Unie, in a press release.

What Comes Next

The ruling creates a precedent that extends beyond the sales period rules. The Council of State’s “five criteria” methodology for determining whether a provision falls within the EU directive’s scope can be invoked against any national measure where the legislator attempted to evade EU law through a reformulated legal basis. The sperperiode (restricted period) and the prohibition on selling at a loss are now under increased legal pressure.

For consumers, the key protection shifts to the reference price rule (Article VI.18 WER), which requires retailers to disclose the lowest price applied in the 30 days before a discount. Misleading pricing remains sanctionable under general unfair commercial practices rules.

The government now faces several policy options: formally abolishing the sales regulation, attempting to craft purely B2B rules that don’t affect consumers, or seeking changes at the EU level. All options are politically and legally challenging. What is clear is that Belgium’s decades-old system of regulated sales periods has effectively come to an end.