Question 1

What is the procedural indemnity?

Accepted Answer

The procedural indemnity (PI) is a fixed lump-sum amount set by the court, payable by the losing party, that covers part of the reasonable procedural costs, including lawyer fees.

Question 2

How is the PI calculated?

Accepted Answer

The procedural indemnity is calculated on the basis of the value of the claim. For each bracket of the claim value, a base, minimum and maximum amount apply (as set out in the Royal Decree of 26 October 2007, amended by the Royal Decree of 24 May 2024). The judge chooses the appropriate amount within those limits. Amounts are indexed annually.

Question 3

When is one entitled to a procedural indemnity?

Accepted Answer

One is in principle entitled to a procedural indemnity when one wins a case and the opposing party is ordered to pay. The judge sets the amount within the statutory limits.

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