Which Belgian court handles what

Belgium does not have one court for everything. Each type of dispute has its own door, and the first practical question in almost any case is which one. Going to the wrong court costs time, so it helps to know the map before anything is filed.

The justice of the peace

The justice of the peace (vredegerecht / justice de paix) is the court closest to everyday life. It hears civil claims of up to 5,000 euros, as long as the matter does not belong to another court by law.

It also has what the law calls special jurisdiction: matters it hears whatever the amount. The best known are disputes about leases — residential, commercial and farm leases alike — neighbour disputes, co-ownership questions, claims by energy, water and telecom suppliers against consumers, and protective measures for adults who can no longer manage their own affairs. A tenancy dispute over a large sum still goes to the justice of the peace.

The police court

The police court (politierechtbank / tribunal de police) is the traffic court. On the criminal side it handles road traffic offences, from speeding to drink-driving and hit-and-run. On the civil side it has exclusive jurisdiction over claims for damage caused by road or rail accidents: who was at fault, and who pays.

The court of first instance

The court of first instance (rechtbank van eerste aanleg / tribunal de première instance) has the widest jurisdiction, and it is really several courts under one roof:

• the civil court, which hears every civil case the law has not given to another court, including claims above 5,000 euros, and appeals against decisions of the justice of the peace and the police court;
• the family court, which hears almost all family disputes: divorce, parental authority, residence of children, maintenance;
• the youth court, for most civil and criminal matters concerning minors;
• the criminal court (correctionele rechtbank / tribunal correctionnel), which tries offences such as theft and fraud, and hears appeals in criminal cases from the police court.

The labour court

The labour court (arbeidsrechtbank / tribunal du travail) handles employment law and social security: disputes between employers and employees, and disputes about benefits for employees, self-employed people and people with disabilities. A professional judge often sits with two lay judges drawn from employers and workers. It does not try criminal offences.

The enterprise court

The enterprise court (ondernemingsrechtbank / tribunal de l'entreprise) hears disputes between businesses, whatever the amount. "Business" is broad here: companies, associations and foundations, but also self-employed people, liberal professions and company directors. It has exclusive jurisdiction over insolvency: bankruptcy and judicial reorganisation. A professional judge sits with two lay judges who are themselves entrepreneurs, accountants or company directors.

Appeal and cassation

Decisions of the court of first instance and the enterprise court can be appealed to the court of appeal (hof van beroep / cour d'appel). There are five, in Antwerp, Ghent, Brussels, Liège and Mons. Labour court decisions go on appeal to the labour court of appeal (arbeidshof / cour du travail).

The Court of Cassation (Hof van Cassatie / Cour de cassation) in Brussels sits at the top, but it is not a third round. It does not look at the facts again; it checks only whether the law was correctly applied. If it finds an error, it sends the case back to another court to decide again.

Brussels and language

Brussels is bilingual, and several of its courts are split in two. There is a Dutch-speaking and a French-speaking court of first instance, police court, labour court and enterprise court. Which one hears a case depends on the language rules of the procedure, which a lawyer will check before filing.

Why this matters for you

The right court decides the form of the procedure, the costs, the deadlines and often whether you need a lawyer at all. The official site of the Belgian courts, tribunaux-rechtbanken.be, lists every court with its address and contact details.

This page is general information about how these matters usually work in Belgium. It is not legal advice about your own case, and only a lawyer who has read your documents can give you that.