The Constitutional Court strikes down the salary cap for public managers

The Constitutional Court ruled, in judgment no. 40/2026 of April 2, 2026, published in the Belgian Official Gazette on September 25, 2026, that Article 11 of the decree of the French Community of October 5, 2023, violates Article 16 of the Constitution, read in conjunction with Article 1 of the First Protocol to the European Convention on Human Rights, insofar as it challenges a fundamental element of existing employment contracts without providing for reasonable transitional measures. The decision, rendered on a preliminary ruling from the French-speaking Labour Court of Brussels, concerns the ceiling of 245,000 euros gross per year applicable notably to the RTBF and its advertising agency, the SA Régie Media belge. The excerpt is published under reference C − 2026/006088, on pages 51528 to 51537.

A ceiling of 245,000 euros gross indexed annually

The decree of October 5, 2023, “relating to the governance, transparency, autonomy and control of bodies, school building companies and asset management companies depending on the French Community” regulates the remuneration and allowances of managers of legal entities falling under the French Community. Its Article 11, § 1, sets the remuneration ceiling for the manager of a body at 245,000.00 euros gross per year, an amount indexed on January 1st of each year according to the consumer price index of December (2004 base) divided by 121.66.

§ 2 lists the elements taken into account in this maximum amount:

• the gross monthly salary;
• bonuses and allowances provided for by labour legislation or the collective agreements applicable to the body;
• any bonus decided by the employer, capped at one-fifth of the salary;
• variable remuneration linked to measurable objectives set at least six months in advance, capped at one-fifth of the salary;
• benefits resulting from a supplementary pension scheme, including contributions paid by the employer.

Furthermore, § 4 prohibits any remuneration in the form of shares, stock options, or products of a similar nature.

The RTBF and its agency within the scope of the decree

The decree entered into force on January 1, 2024, but its Article 11, § 1, entered into force on the day of its publication in the Belgian Official Gazette, namely January 12, 2024. Its Article 72, § 1, paragraph 1, requires that contracts and amendments concluded between the body and the manager — including those prior to the decree — be adapted in light of Article 11 within three months following its entry into force.

Two entities are expressly concerned:

• the Belgian Radio-Television of the French Community (RTBF), cited among the “bodies” referred to in Article 1, 1, 1.1, a);
• the SA Régie Media belge, the advertising agency of the RTBF, as the decree applies since the RTBF holds a “qualified participation” therein, meaning more than 50% of the voting rights attached to all shares, units, or partner rights.

The procedure and a salary reduction of approximately 35%

The preliminary ruling was requested by a judgment dated November 24, 2025, from the French-speaking Labor Court of Brussels, which reached the Court’s registry on December 1, 2025. The reporting judges Thierry Giet and Sabine de Bethune informed the Court on December 17, 2025, that they might propose to close the examination of the case with a judgment rendered on preliminary procedure.

The Court sat in the following composition:

• presidents: Pierre Nihoul and Luc Lavrysen;
• judges: Thierry Giet, Yasmine Kherbache, Sabine de Bethune, Emmanuelle Bribosia and Magali Plovie;
• clerk: Frank Meersschaut.

The Court notes that the manager concerned saw their remuneration reduced to the ceiling amount no later than April 1, 2024, representing a reduction of approximately 35% in the dispute submitted to the a quo jurisdiction.

The Court’s objections to the decree

The Court rules that the provision pursues a legitimate general interest objective — strengthening the transparency of mandates and the remuneration of managers — and that the ceiling, given its level, does not in itself produce disproportionate effects. It is its application to ongoing contracts that poses a problem: legal certainty and the autonomy of the parties’ will imply that new laws affecting an essential element of the contract, such as remuneration, do not apply to ongoing contracts but only to those concluded after their publication.

The Court notes that contracts concluded before the publication of the provision were not subject to any ceiling, such that the parties could consider that the agreed remuneration would remain unchanged. A transitional period of only three months does not justify altering a fundamental element of ongoing private law employment contracts.

The judgment was rendered in French and Dutch on April 2, 2026. Its scope is direct for the managers of the bodies concerned: to this extent, Article 11 cannot be applied to ongoing contracts without reasonable transitional measures, which opens the way for challenges before the labor courts and compels the decretal legislator to review its mechanism.

Official source: Belgian Official Gazette of September 25, 2026, official notices of the Constitutional Court, C − 2026/006088, excerpt from judgment no. 40/2026 of April 2, 2026, p. 51528-51537.