Belgium missed the deadline for transposition of the Mobility Directive, but we’re not alone…

The 31 January 2023 was the deadline for transposition of Directive 2019/2121 (the Mobility Directive), a European Directive that aims to eliminate unjustified barriers to EU companies’ freedom of establishment in the single market.

Belgium missed the deadline for transposition. However, based upon a quick survey launched within our PwC Legal International Business Reorganisations (IBR) network, it appears that we are not alone. 

Other countries like Germany, Luxembourg, Netherlands, Spain and Romania did not manage to meet the deadline either. This means that in all of these countries, legal uncertainty exists as to the feasibility and procedure to be followed for cross-border mergers, demergers and conversions.

As far as Belgium is concerned, we learned that the Act that will modify our Code of Companies and Associations, is expected to be published in the Belgian Official Gazette at the end of April 2023.

Stay tuned for further updates. In the next edition of this newsflash, we will highlight some of the most important changes introduced by the Mobility Directive.