Title 3

A person who commits an unlawful act towards another, which can be imputed to him, is obliged to repair the damage which the other suffers as a…

No obligation to pay damages exists when the breached norm does not serve to protect against the damage as suffered by the injured party.

An act of a child who has not yet reached the age of fourteen years cannot be imputed to him as a tortious act.

The circumstance that a conduct of a person of fourteen years of age or older, which is to be regarded as an act, was performed under the influence…

If one of the persons belonging to a group unlawfully inflicts damage and the risk of so inflicting damage should have desisted these persons from…

When a person is liable towards another under this Title in respect of an incorrect or, due to incompleteness, misleading publication of data of a…

The court may dismiss a claim for an injunction against unlawful conduct on the ground that such conduct ought to be tolerated for reasons of…

For damage caused to a third party by an act of a child who has not yet reached the age of fourteen years, which act could be attributed to him as a…

For damage caused to a third party by a fault of a subordinate, the person in whose service the subordinate performs his task is liable, if the risk…

If a non-subordinate who, by order of another, performs activities in the exercise of that other's business, is liable to a third party for a fault…

If a conduct of a representative in the exercise of the powers granted to him as such constitutes a fault towards a third party, the person…

The possessor of a movable thing of which it is known that, if it does not meet the requirements which in the given circumstances may be imposed on…

The possessor of a structure which does not meet the requirements that may be set for it in the given circumstances, and thereby constitutes a danger…

A person who, in the course of the exercise of their profession or business, uses or has under their control a substance, while it is known of this…

The operator of a landfill is liable for the damage that arises before or after the closure of the landfill as a result of pollution of air, water or…

The operator of a mining work as referred to in Article 1, part n, of the Mining Act is liable for the damage caused by:

In the event of physical damage to buildings and works, which by its nature could reasonably be damage caused by movement of the soil as a result of…

No liability under Article 175, 176 or 177 exists if:

The possessor of an animal is liable for the damage caused by the animal, unless liability on the basis of the preceding section would have been…

In the cases of Articles 173, 174 and 179, co-possessors are jointly and severally liable.

If the things, buildings and structures (opstallen), or animals referred to in Articles 173, 174, and 179 are used in the conduct of a business, the…

If, in the cases referred to in Articles 176 and 177, there are two or more operators acting jointly or otherwise at the same time, they shall be…

With respect to liability on the basis of this Section, the person held liable cannot invoke their young age or a mental or physical shortcoming.

The damage for which liability exists pursuant to Articles 173-182 also includes:

The producer is liable for the damage caused by a defect in his product, unless:

A product is defective if it does not provide the safety which one is entitled to expect from it, taking all circumstances into account and in…

For the purposes of this Section, product means a movable property, even after it has become a component part of another movable or immovable…

The injured party must prove the damage, the defect, and the causal relationship between the defect and the damage.

If several persons are liable for the same damage on the basis of Article 185, paragraph 1, each of them shall be liable for the whole.

The liability, referred to in Article 185, paragraph 1, exists for

The right of action for damages of the injured party against the producer pursuant to Article 185, paragraph 1, shall prescribe by the lapse of three…

The liability of the producer under this section may not be excluded or limited towards the injured party.

The right to damages against the producer under this section shall vest in the injured party, without prejudice to all other rights or claims.

In this section, the following definitions shall apply:

A trader acts unlawfully towards a consumer if he performs a commercial practice that is unfair.

A commercial practice is misleading if information is provided which is factually incorrect or which deceives or is likely to deceive the average…

A commercial practice is, furthermore, misleading if it involves a misleading omission.

In the case of an invitation to purchase, the following information, insofar as it is not already apparent from the context, is material as referred…

If there is a case of commercial communication, including advertising or marketing, the information mentioned by or pursuant to the following…

The following commercial practices are misleading under all circumstances:

A commercial practice is, in its factual context, taking into account all its features and circumstances, aggressive if, by harassment, coercion…

The following commercial practices are aggressive in all circumstances:

If a claim is instituted, or a petition (application) as referred to in Article 305d paragraph 1 under a of Book 3 is filed pursuant to Articles 193b…

In this section, the following definitions shall apply:

A cartel, which constitutes an infringement of competition law, is presumed to cause damage.

If undertakings have committed an infringement of competition law through joint action, each of them shall be liable for the whole of the damage…

The contribution of an immunity recipient in the mutual relationship with the other infringers involved in the infringement to the compensation of…

After a settlement, the claim for damages of the injured party involved in the settlement shall be reduced by the share that the infringer involved…

A party may raise the defence that the injured party has passed on the overcharge caused by the infringement of competition law.

An indirect purchaser is presumed to have furnished proof of passing on if he demonstrates that:

The court may stay a proceeding in which compensation for damages is claimed due to an infringement of competition law for a maximum of two years, if…

A right of action for damages resulting from an infringement of competition law shall be time-barred by the lapse of five years after the…

An out-of-court dispute resolution procedure is a ground for extension of the limitation period between the parties involved therein. In the case of…

A person who makes public or causes to be made public a statement regarding goods or services offered by him or by the person on whose behalf he acts…

Comparative advertising means any form of advertising which explicitly or implicitly identifies a competitor or goods or services offered by a…

If a claim pursuant to Article 194 or Article 194a is instituted against a person who has determined or caused to be determined, in whole or in part…

If a person has caused or threatens to cause damage to another person by making public or causing to be made public a communication as described in…

Articles 165, 166, 169, 171, 173, 174, 175, 176, 177 and 185, as well as Sections 4 of Title 6, 4 of Title 11, 1 of Title 14 and 4 of Title 19 of…