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BE – Prefamac and others v. Autodesk and others / Supreme Court – saisie

26 Apr 2024

Philippe Campolini


In its decision of 14 March 2024, in Prefamac and others v. Autodesk and others, the Supreme Court of Belgium found that if a Court rules that a saisie should not have been authorised, the order granting such a saisie should be annulled and the effects of this annulment should also extend to the evidence obtained.

The controversy over the fate of such evidence stemmed from the fact that under Belgian law, evidence which has been illegally obtained may still be used in proceedings under certain conditions (the so-called Antigone jurisprudence).

Following the Supreme Court’s decision, the evidence obtained during a saisie which is later annulled can no longer be used in proceedings on the merits even if the requirements of the Antigone case-law are fulfilled.

The decision (in Dutch) can be read here.