The SLAPP (Strategic Lawsuits Against Public Participation) Directive of the EU (2024/1069 of 11 April 2024) is transposed in Belgian law by the Act of 30 May 2026. The Act was published in the Belgian Official Journal on 12 June 2026 (see the French version and the Dutch version), and will enter into force on 22 June 2026.
The main features of the Act are:
This post was written by Hannah Buxbaum, Martin Luther King Jr. Professor of Law, UC Davis School of Law. The post is cross-posted from the Transnational Litigation Blog with kind permission.
In 2019, Energy Transfer, the developer of the Dakota Access Pipeline, sued Greenpeace International, a Dutch foundation, in North Dakota state court. Last year, Greenpeace responded with an anti-SLAPP (Strategic Litigation Against Public Participation) lawsuit against Energy Transfer in Dutch court. In the latest twist in this lengthy dispute, the North Dakota Supreme Court issued an antisuit injunction last week blocking (partially) that anti-SLAPP suit.
The injunction is unusual in two respects. First, it does not actually bar Greenpeace from pursuing the Dutch action; rather, it purports to limit the issues that Greenpeace can raise in that litigation. Second, it was entered after judgment had already been reached in the North Dakota lawsuit. Read more