Appeal for annulment against the pension reform before the Constitutional Court

The Belgian Official Gazette (Moniteur belge) of October 13, 2026, publishes the notice prescribed by Article 74 of the special law of January 6, 1989: an action for annulment of the law of May 30, 2026, “concerning the pension reform,” has been brought before the Constitutional Court by the non-profit organization “Fonds de défense juridique du personnel roulant SNCB” and six private individuals. The case is entered under number 8763 of the Court’s roll and bears the official reference C − 2026/007258, on page 54812 of the journal. The notice is published in French, Dutch, and German.

The petition was filed on September 24, 2026, via the Court’s electronic platform. The challenged norm, the law of May 30, 2026, “concerning the pension reform,” was published in the Belgian Official Gazette of June 1, 2026, second edition. The publication of the notice in the official journal opens the way for proceedings before the constitutional jurisdiction, under the signature of the registrar Nicolas Dupont.

The petitioning parties

In addition to the petitioning association, the petition is brought by six natural persons:

• Philippe Thonnart
• Michel Bovy
• Sébastien Maissin
• Michaël Casagrande
• Patrice Monami
• Axel Pelgrims

A reform already challenged several times

The appeal published today is not an isolated case. The same law of May 30, 2026, is already the subject of several proceedings before the Constitutional Court, the notices of which were previously published in the Belgian Official Gazette:

• cases 8690 and 8735, brought on June 23 and July 28, 2026, by Joëlle Rouvroy and Patrick-Alain Déome, concerning a partial annulment, and joined by the Court;
• case 8747, brought on August 31, 2026, by Frédéric Botte and fourteen other petitioners, which seeks the annulment and suspension of articles 46, 49, 50, 82, 83, 90, 91, 94, 129 to 133, 142 to 149, and 151 to 156 of the law; the hearing on the request for suspension was set for October 7, 2026, at 2 p.m., with the deadline for written observations expiring on October 2, 2026.

Litigation extending to implementing decrees

The reform is already producing regulatory effects. A royal decree of September 30, 2026, adapts the medical examination procedure for the fitness for work of public officials, in execution of Article 117 of the law of February 14, 1961, as amended by Article 94 of the law of May 30, 2026. This decree, which enters into force on October 1, 2026, repeals the royal decree of January 29, 2025, relating to the monitoring of officials in temporary incapacity, which has lacked a legal basis since the entry into force of Book 8 of the law of May 30, 2026.

The jurisprudential context is also fraught: the law of April 25, 2024, regarding pension reform had already been partially annulled by judgment no. 19/2026 of the Constitutional Court, before being amended by the law of May 30, 2026.

Procedure and deadlines

Pursuant to Article 87, § 2, of the special law of January 6, 1989, any person demonstrating an interest may submit their observations to the Court, in the form of a memorandum, within thirty days of the publication of the notice prescribed by Article 74. Memoranda may be filed via the eProConst platform or sent by email to the registry.

The outcome of these appeals will determine the pension scheme applicable to a very large number of public officials and rolling stock personnel, and will condition the implementation of the implementing decrees already adopted. Until the Court has ruled, the law of May 30, 2026, remains in force, but applicants may request the suspension of the contested provisions.

Source: Belgian Official Gazette of October 13, 2026, notice C − 2026/007258, case no. 8763, p. 54812.