The case arose out of the controversial sale in September 2008 of Fortis Bank, which was in financial difficulties. The sale was organised directly by the federal government, and the buyer was BNP Paribas, a French bank. But thousands of small shareholders objected, and called upon the courts to suspend the sale. A first interim judgement by the Brussels commercial court upheld the sale, but the shareholders appealed to the Court of Appeal. The three justices on the bench for that case were Blondeel, Schurmans and Salmon.

A decision was announced in December 2008, but it later emerged that there had been a difference of opinion between Schurmans and the two other judges, and Schurmans had taken sick leave. The other two judges produced their ruling as if she had been present, and the ruling went against the sale by the government.

Then the head magistrate of the Cassation Court, Ghislain Londers, passed a letter to the speaker of the parliament in which he claimed to be in possession of evidence of political pressure in the case. A senior official in the cabinet of prime minister Yves Leterme admitted having contacts with persons close to the case, and Leterme, along with justice minister Jo Vandeurzen, resigned.

Verougstraete and Schurmans are accused of breach of confidentiality, having discussed the case with outside parties. Blondeel and Salmon are accused of forgery in having presented their ruling without the third judge.

The prosecution last week presented its case, but, according to prosecutor Dominique Debrauwere: "The four people who now stand here accused have suffered greatly as a result of the case. For that reason, a nominal sentence will suffice." For the two who breached their oath of judicial confidence, he demanded a fine of €550 and eight days in prison; for those who forged a judgement, one month in prison and a fine of €143.

The case continues in April, when the defence is expected to argue for an acquittal. A final verdict is expected in May or June.