Flemish Government Ends Eternit Talks, Returns to Court

The Flemish government has broken off 18 months of negotiations with asbestos company Eternit and its parent company Etex, announcing it will reactivate civil procedures and prepare a new criminal complaint against the companies and their directors. The decision, announced on June 30, marks a significant escalation in one of Belgium’s largest environmental liability cases.

According to VRT NWS, the government deemed the negotiations insufficient, stating that the companies failed to take meaningful responsibility for the massive asbestos contamination they caused across Flanders.

Background: A Decades-Long Dispute

Eternit, a subsidiary of the Etex group, was one of Belgium’s major producers of asbestos-containing construction materials until the substance was banned in 1998. Asbestos, now known to cause serious lung diseases and cancer when fibers are inhaled, remains present in countless residential roofs, industrial buildings, and infrastructure across Flanders.

In 2014, the Flemish government reached a settlement requiring Eternit to pay 4.8 million euros through 2030 for cleanup costs. However, former Environment Minister Zuhal Demir (N-VA) deemed this amount “far too low.” In March 2024, Demir put Eternit and its directors on formal notice, backed by an OVAM analysis estimating the total cleanup cost at approximately 2 billion euros over 20 years.

Legal proceedings were paused to allow for negotiations, which lasted approximately 1.5 years but ultimately failed to bridge the gap between what the government sought and what the company was willing to offer.

Government’s Decision and Legal Strategy

Flemish Environment Minister Jo Brouns (CD&V) confirmed the government will now pursue both civil and criminal avenues simultaneously.

“We gave Eternit and Etex the chance to take responsibility themselves for one of the most serious environmental and health crimes in our recent history,” Brouns said, as reported by De Morgen. “That opportunity was not seized and we regret that.”

Brouns added: “We will use all means that the rule of law offers us.”

The government is reactivating previously paused civil procedures and preparing a new criminal complaint (strafklacht) against Eternit, Etex, and their directors. N-VA chairwoman Valerie Van Peel strongly backed the decision, saying: “We’ve had enough. Eternit was given every opportunity to take responsibility, but again shows no sign of even coming close to the damage it has caused in Flanders over decades.”

Federal Immunity Lifted: A Pivotal Change

The Flemish government’s decision comes just over two weeks after the Belgian federal government voted to lift the immunity of asbestos companies on June 12, 2026. Previously, environmental victims who accepted compensation from the Asbestos Fund forfeited their right to sue the companies. The new rules allow so-called “environmental victims” — people who lived near asbestos plants like Eternit — to pursue legal action even after receiving fund compensation.

Federal Health Minister Frank Vandenbroucke (Vooruit) described the immunity decision as “an important step toward more justice for asbestos victims”. N-VA chairwoman Van Peel noted she had tried five times over ten years to lift the immunity, previously blocked by the liberal Open VLD party.

Eternit’s Response

Eternit expressed regret over what it called a “sudden and unilateral change of course” by the Flemish government. In a statement, the company claimed it made “concrete and significant proposals” during negotiations and remains open to dialogue, should the government be willing to resume discussions.

The company maintains it has always acted within the law and continues to fulfill a societal role for those affected by asbestos-related illnesses.

Implications and What’s Next

The combined effect of the federal immunity decision and the Flemish government’s legal action significantly increases legal pressure on Eternit and other asbestos producers. The potential liability could reach up to 2 billion euros for cleanup costs alone, plus additional damages.

Questions remain about whether the criminal complaint will lead to individual liability for company directors, how the courts will value the cleanup costs, and whether the federal immunity decision will trigger a wave of private lawsuits from environmental victims.

N-VA parliament member Andy Pieters is also pushing for a decree-based compensation obligation (decretale vergoedingsplicht) in the Flemish Parliament, which could further strengthen the legal framework for holding asbestos companies accountable.

Asbestos continues to claim more lives in Belgium annually than traffic accidents, according to Van Peel, underscoring the urgency of the government’s renewed legal pursuit.