The Flemish Region can recover these costs by means of an enforcement order. The enforcement order will be signed and declared enforceable by the competent authority.
The enforcement order is subject to the provisions of part V of the Legal Code on the sequestering of property and means of enforcement.
The enforcement order is served on the debtor in the form of a writ of summons.
Within a period of thirty days of the date of receipt of the enforcement order, the debtor is entitled to lodge a protest with Flemish Region.
This protest suspends the enforcement. The Flemish Region can request that the court remove the suspension of enforcement.
The Flemish Region can recuperate the costs by, among other things, means of a business surety or another appropriate guarantee.
On the grounds of the enforcement order that has been declared enforceable, and to secure recuperation of the costs, the Flemish Region has a general preferential claim on all movable property of the operator and can take a legal mortgage out on all appropriate or registered goods of the operator located or registered in the Flemish Region.
This preferential claim takes precedence immediately after the preferential claims stated in Articles 19 and 20 of the Act of 16 December 1851 and in Article 23 of book II of the Commercial Code.
The rank of the legal mortgage is determined by the date of registration taken under the enforcement order that has been declared enforceable and served.
The mortgage is registered at the request of the competent authority. The registration takes place, notwithstanding protest, dispute or appeal, on production of a copy of the enforcement order, which is certified by the official and makes mention of the service thereof.
Article 447, second paragraph of book III of the Commercial Code with regard to compulsory liquidation, bankruptcy and deferment of payment does not apply to the legal mortgage as regards the costs of the measures. The Flemish Government can accept other forms of financial security.