Flemish government delays appeal over military goods ruling to seek independent legal advice

The Flemish government has decided not to appeal immediately against a recent court ruling that blocks the transit of goods that could potentially be used for military purposes to Israel via the port of Antwerp. Instead, it will commission an independent legal opinion to assess whether an appeal is warranted.

The decision follows a heated debate within the cabinet after a Brussels summary judge ruled on Thursday that a container of tapered roller bearings bound for the Israeli defence company Ashot could not leave the port. The ruling also obliges the Flemish authorities to halt the transit of all materials that could be used for military purposes. Non-compliance is subject to a fine of €50,000 per violation.

Opposition within the majority

Initially, Flemish minister president Matthias Diependaele (N-VA) announced plans to challenge the ruling. However, coalition ministers Caroline Gennez and Melissa Depraetere (Vooruit) opposed the move, stating that it had not been discussed within the government. Diependaele later clarified that the appeal would primarily seek legal clarity.

During the final cabinet meeting before the summer recess, it was agreed that an additional independent legal review would be obtained by 26 July to determine whether an appeal would be advisable.

The Flemish government in no way seeks to distance itself from its responsibility

"If the advice confirms the need for an appeal, it will be limited strictly to the general part of the verdict, in order to obtain legal certainty on that matter," said Diependaele's office in a statement. "The Flemish government in no way seeks to distance itself from its responsibility regarding the control of the transit and export of strategic goods to Israel."

The government also reaffirmed its unanimous commitment to a restrictive arms trade policy towards Israel. This means that the export or transit of strategic goods, including dual-use items, is not permitted if it could enhance Israel’s military capabilities or be intended for military use by Israeli forces. For dual-use goods, licences will only be granted if applicants can provide concrete guarantees that the products will be used solely for civilian purposes.

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