In two judgments issued on 7 November 2013, the Belgian Constitutional Court annulled the so-called “living in your own region” and “social obligations” measures provided for in the Decree of the Flemish Region of 27 March 2009 regarding land and real estate policy. Since the annulment has retroactive effect, these measures are deemed never to have existed in the Flemish region.
Within 6 months after these judgments’ publication in the Official Journal (most probably in January 2014), interested parties can seek the revocation of a final judgment by a civil court or the Council of State insofar as the judgment is based on the Decree’s annulled articles. Within the same time period, interested parties may also lodge appeals against acts and regulations by various administrative bodies as well as decisions based on the same articles by (other than civil) courts.
Owners of real estate property for which the measure “living in your own region” was applicable do not have to worry about the annulments, as their rights to the real estate property are safeguarded. They no longer have to take into account the administrative limitations that were applicable to the sale of these goods.
Parties disadvantaged by the now annulled measures, as well as project developers which can no longer benefit from the annulled compensatory measures, may take legal action against the Flemish government for compensation.
