Antwerp, November 12th, 2007
Dear Member,
Dear Colleague,
We have the honor to inform you that the Board of Directors of the BVGD has decided to oppose the recently introduced “Social Plan.”
We have sought ways to challenge the Royal Decree and have consulted with the best constitutional lawyers in Brussels. The law firm STIBBE has made a compelling case that the Royal Decree could be declared illegal because of violation of the constitution. We share their confidence that it can be successfully challenged in Court.
Furthermore we remain convinced, as we were in 2002, that subsidies are an inherent waste of money because it amounts to taking funds from sound companies and throwing it into economically non viable ones. Market and economic laws are the only forces that will keep companies healthy and profitable.
The BVGD has decided to offer its assistance to coordinate and group together all those who wish to oppose this tax and claim their money back. By acting together, we will be stronger and we will be able to divide the expenses amongst all the participants.
It is important to note that only those who file a procedure can eventually obtain a reimbursement of the sums paid to the Interncompensatie Fonds.
In order to cover the Court procedure expenses, the Board of Directors of BVGD has decided to ask the following participation fees:
With the signing of the Participation Form, we shall ask a provision of 10% of the 1st declaration (2nd quarter 2007) made to the Interncompensatie Fonds with a minimum of €300 (€150 for members of BVGD on November 1st 2007).
A calculation will be made at the end of the subscription period to check that the provisions received cover the foreseen costs. The same shall be done at the end of the Court case.
The subscription phase is herewith opened for a period of two months to close on January 12th 2008. The procedure will be filed in Court a few days later.
We will hold an information meeting at a date to be announced later. A lawyer from STIBBE will be present to answer any questions you may have regarding this matter.
You will find enclosed a Participation Form, if you want to join the procedure, please send it back, duly signed along with a copy of your declarations and proof of payments.
Sincerely yours,
Andre Gumuchdjian
President
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