Belgium Ends Asbestos Immunity, Opening Door for Lawsuits
The Belgian federal government has reached a political agreement to lift the legal immunity that protected asbestos companies from civil lawsuits, marking a historic shift in the country’s approach to asbestos-related justice. The decision, announced on 12 June 2026 by the De Wever administration, allows so-called “environmental victims” — people who were not employees of asbestos companies but were exposed to asbestos fibers by living near plants like Eternit — to seek compensation through the courts.
A Decade-Long Struggle
The immunity had been a cornerstone of Belgium’s asbestos compensation system since the creation of the Asbestos Fund (AFA) in 2007. In exchange for financing half of the fund, asbestos companies received legal protection — victims could not sue them in court if they accepted compensation from the fund. This created an impossible choice for victims: accept a modest payout or pursue uncertain, expensive litigation.
According to VRT NWS, the measure was included in the coalition agreement of the new De Wever government and represents the culmination of a decade-long political campaign. N-VA party chair Valerie Van Peel, who made lifting the immunity her signature issue during her time as a Member of Parliament, noted that her proposals were blocked five times over the past ten years, notably by the liberal party Open VLD (now rebranded as “Anders”).
“Five times in the past 10 years I tried to lift that immunity. Five times it was blocked,” Van Peel told VRT NWS. “And five times people like Eric Jonckheere and Erik Meersschaert sat in the audience — men who devoted their lives to the fight against asbestos producers. Both died of asbestos disease.”
Who Benefits from the New Rules
The new legislation applies specifically to “environmental victims” — individuals who lived near asbestos factories or were exposed through family members who worked in the industry. In 2023, the Asbestos Fund recognized 253 victims, of whom 76 were environmental victims. The Abeva association, which represents asbestos victims, estimates the true annual figure at approximately 850 victims, suggesting many cases go unrecognized.
RTBF reports that the Asbestos Fund has recognized 4,833 victims since its creation in 2007. Professional victims — those directly employed by asbestos companies — remain under the old immunity regime and cannot sue their employers.
Health Minister Frank Vandenbroucke (Vooruit) welcomed the decision, stating: “With the lifting of immunity for asbestos companies, we are taking an important step towards more justice for asbestos victims.” He added that convicted polluting companies will be required to pay additional contributions to the Asbestos Fund, strengthening its long-term financing.
Cautious Optimism from Victim Groups
Marc Molitor, spokesperson for the Belgian Association of Asbestos Victims (Abeva), expressed cautious optimism. “We are very happy that there is a political consensus within the government; this had never happened before,” he told RTBF. However, he noted that the association needs to study the proposal in depth to ensure previous legal objections are addressed.
As L’Avenir reports, Abeva emphasized that the Asbestos Fund must remain the primary compensation mechanism, as court proceedings remain “uncertain, long, painful, difficult, and costly.” The association also called for improved support for cohabitants of asbestos victims and for continued asbestos removal efforts.
The Human Toll of Asbestos in Belgium
Asbestos was widely used in Belgian construction for decades before being fully banned in 2001. The disease latency period of 30-40 years means victims are still being diagnosed today. As The Brussels Times reported, asbestos still kills more people annually in Belgium than traffic accidents.
The human cost was personified by Eric Jonckheere, the president of Abeva who died of mesothelioma in December 2024 at age 66. Jonckheere lost his father, mother, and two brothers to the same disease — all linked to his father’s work managing an Eternit factory. He died just months before the political breakthrough he had fought for.
What Comes Next
The preliminary draft law must now be reviewed by the Council of State (Conseil d’État / Raad van State). If approved, it will become a formal bill and be debated in parliament. The Abeva association is also calling on the Walloon and Brussels regions to follow Flanders in pursuing asbestos removal financing from Etex (formerly Eternit).
While the decision marks a significant victory for victims’ rights, questions remain. Will the Council of State approve the draft law without further delays? How will the distinction between professional and environmental victims be maintained in practice? And how many additional victims will come forward now that the path to justice is clearer?
For the thousands of Belgians suffering from asbestos-related diseases, this landmark decision offers something that has been denied for nearly two decades: the right to face the companies responsible in court.