The Bilingual Summons and the Missing Translation
A court in Brussels receives a civil claim filed by a French-speaking landlord against a Dutch-speaking tenant. The summons is drafted entirely in French. The tenant, who understands French but whose registered domicile and rental contract are in Dutch, appears without a lawyer and asks that the proceedings be conducted in Dutch. The landlord's lawyer objects, saying the summons was validly served in French and that switching languages would delay the case by months. The judge must decide the language of the proceedings and whether the summons must be translated. The claim concerns unpaid rent of 4,800 euros and a request to terminate the lease.
1. How should the judge determine the language of the proceedings in Brussels, and what weight does the tenant's request carry?
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Brussels is bilingual, and language use is governed by specific legislation on the use of languages in judicial matters, not by the parties' convenience alone.
Starting point. In Brussels, the language of the proceedings is determined by rules that look to the language of the claim and the language of the defendant's domicile or the language in which the summons was drafted, with a right for the defendant to request a change in defined circumstances.
The tenant's request. A defendant whose domicile is in the other language region or who has a genuine linguistic connection to the other language may request that the proceedings be conducted in that language. The request must be made at the first opportunity, normally at the introductory hearing, and the judge verifies the statutory conditions. The fact that the tenant understands French does not strip the right; the test is the statutory connection, not mere comprehension.
The landlord's objection. Delay and convenience are not decisive. The judge must apply the language legislation, which is a matter of public order in judicial organisation. If the conditions are met, the judge should grant the change of language and order the necessary translation of the summons and procedural documents.
Practical consequence. The judge should rule on the language point before examining the merits, record the decision, and set a timetable for translation so the tenant is not prejudiced.
2. What are the consequences if the judge proceeds in French despite a valid request, and how does this interact with the small-value nature of the claim?
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Consequences of ignoring a valid request.
- Procedural irregularity. Conducting the proceedings in the wrong language is a procedural defect. It can be raised on appeal and may lead to annulment if it prejudiced the party. Language rules in Brussels are treated seriously because they protect access to justice and the equality of the language communities.
- Nullity of the summons? Not automatically. The summons in French may be validly served; the defect is the conduct of the proceedings in the wrong language, not necessarily the document. The judge should have ordered translation rather than declaring the summons void outright.
- Access to justice. The tenant appears without a lawyer; a language barrier can undermine the effective exercise of defence rights, which weighs in favour of granting the request.
Small-value claim. The amount (4,800 euros) and the lease termination may place the case in a simplified or small-claims track. Simplified procedure does not suspend language rights. The judge can manage the translation efficiently, for example by ordering a summary translation of the key documents and interpreting at the hearing, so the delay objection is reduced.
Bottom line. The judge should grant the language request, order translation, and only then proceed to the merits; proceeding in French would expose the judgment to appeal and undermine the legitimacy of the proceedings.