Question 1

Who pays the procedural indemnity in Belgium?

Accepted Answer

In principle, the losing party — the party ruled against by the court — pays the procedural indemnity. It is awarded automatically to the prevailing party; neither party needs to make an explicit request, though it is common practice to include it in the written submissions to prevent any dispute.

When a case has a mixed outcome — where both parties partially succeed — the judge may offset the procedural indemnity or allocate a portion to each side. In that situation the judge has full discretion and must explain the reasoning in the judgment.

Note that the procedural indemnity is a separate cost item from any damages the court awards: a losing party may simultaneously be ordered to pay both damages and the procedural indemnity.

Question 2

Can the procedural indemnity be combined with damages?

Accepted Answer

Yes. The procedural indemnity is a lump-sum contribution toward the winning party's attorney costs and is completely independent of any damages the court awards on the merits of the case.

This means a winning party can receive both an award of damages (to compensate for actual harm suffered) and a procedural indemnity (to contribute toward attorney costs) in the same judgment. The two amounts do not influence each other.

Conversely, a losing party that is ordered to pay damages will also owe the procedural indemnity on top. When planning litigation, it is therefore important to factor in both potential damages and the procedural indemnity when estimating the total exposure.

Question 3

Does the procedural indemnity apply in summary proceedings (kortgeding / référé)?

Accepted Answer

A procedural indemnity can be awarded in summary proceedings (urgent interim measures before the president of the court). However, specific lower tariff schedules apply for two courts:

• President of the commercial court sitting in summary proceedings: a separate bracket structure applies.
• President of the labour court sitting in summary proceedings: its own schedule applies here too.

For all other courts — including the president of the court of first instance — the general tariff schedule applies in summary proceedings, just as in ordinary proceedings.

Use our calculator and select the correct court type to obtain the applicable amounts for summary proceedings.

Question 4

What if the winning party did not use a lawyer?

Accepted Answer

The procedural indemnity is designed as a lump-sum contribution toward the winning party's attorney costs. If the winning party did not engage a lawyer, there are no attorney costs to contribute toward, and in principle the procedural indemnity cannot be claimed — or can only be claimed in a greatly reduced amount.

The Royal Decree of 26 October 2007 makes specific provision for parties acting without a lawyer. In practice, courts award a reduced amount in such cases rather than zero, to acknowledge that the party still incurred some procedural effort.

If you are unsure whether the procedural indemnity applies in your specific situation without a lawyer, consult a legal professional.

Question 5

Is the procedural indemnity automatically included in the judgment?

Accepted Answer

Article 1022 of the Judicial Code provides that the procedural indemnity is owed by operation of law to the prevailing party as soon as a judgment is rendered in their favour. The judge awards it automatically unless the law or specific circumstances exclude it.

Neither party needs to explicitly request the procedural indemnity. However, it is common practice to mention it in the written conclusions so that its amount can be debated and any relevant factors (such as the financial situation of the losing party, the complexity of the case, or a contractually agreed attorney fee) can be brought to the judge's attention before the judgment is rendered.

If the procedural indemnity is not mentioned in the conclusions, the judge will still award it, but typically at the base amount without any specific reasoning.

Question 6

Can the procedural indemnity amount be challenged on appeal?

Accepted Answer

If the judge deviated from the base amount — awarding either the minimum or the maximum — that decision can in principle be challenged through an ordinary appeal (hoger beroep / appel) or, in limited circumstances, a cassation appeal. The procedural indemnity forms part of the judgment as a whole and cannot usually be appealed in isolation.

In practice, a party wishing to challenge the amount of the procedural indemnity must include that ground in a broader appeal against the judgment. The appellate court will then review whether the first-instance judge correctly applied the four statutory criteria: the financial situation of the losing party, the complexity of the case, contractually agreed attorney fees, and the manifestly unreasonable character of the situation.

Note that in appeal proceedings, a new procedural indemnity is calculated separately for the appellate stage, based on the amount still in dispute on appeal.

Question 7

What is the procedural indemnity in a default judgment?

Accepted Answer

Article 1022, seventh paragraph, of the Judicial Code contains an explicit rule for default judgments: when the losing party never appeared in the proceedings, the procedural indemnity is set at the statutory minimum amount rather than the base amount.

The rationale is that where the opposing party did not appear, the winning party incurred less procedural effort — fewer hearings, no exchange of submissions — and it would be disproportionate to award the full base amount.

If the losing party later files an opposition (verzet / opposition) and the case is re-opened, the default judgment is set aside and the proceedings continue as if from the beginning. From that point onward, the normal rules and tariff schedules apply, and a new procedural indemnity is determined at the end.

Question 8

Does the procedural indemnity apply in criminal cases?

Accepted Answer

The procedural indemnity applies in criminal proceedings under a dedicated legal basis: Article 162bis of the Code of Criminal Procedure (Wetboek van Strafvordering / Code d'instruction criminelle).

When a conviction judgment is rendered, the criminal court automatically orders the convicted party to pay the procedural indemnity to the civil party (burgerlijke partij / partie civile) — no separate request is needed from the civil party.

When a civil party has filed a direct summons (rechtstreekse dagvaarding / citation directe) and the case results in an acquittal, the civil party may in turn be ordered to pay the procedural indemnity to the acquitted accused.

The tariff tables used in criminal proceedings are the same as those used in civil proceedings, so our calculator can be used as a reference, though the specific circumstances of criminal proceedings may differ.

Question 9

What happens when multiple parties win against the same losing party?

Accepted Answer

Article 1022, fifth paragraph, of the Judicial Code sets a cap to prevent disproportionate cumulation:

• When multiple parties prevail against the same losing party, the total procedural indemnity owed by that losing party may not exceed twice the maximum procedural indemnity applicable to the highest-entitled winning party.

• Additionally, when a single lawyer represents multiple winning parties in the same judicial relationship, the procedural indemnity is treated as a single amount shared among them — not multiplied per party. This was confirmed by the Court of Cassation on 9 December 2021.

These rules are particularly relevant in multi-party commercial or construction disputes, where a single defendant faces claims from several claimants represented by different or the same lawyers.

Question 10

Is VAT charged on top of the procedural indemnity?

Accepted Answer

No VAT is owed on the procedural indemnity. Belgian courts have consistently ruled that the procedural indemnity is a forfaitaire (lump-sum) procedural cost item — not a remuneration for attorney services rendered.

The procedural indemnity is paid directly from the losing party to the winning party as part of the court's order on costs. It is not invoiced by the attorney, does not appear on an attorney's VAT invoice, and does not constitute taxable turnover for VAT purposes.

This position has been confirmed by the Belgian tax authorities and consistently upheld in case law. There is therefore no statutory basis for adding VAT on top of the procedural indemnity awarded by the court.

Question 11

How much is the procedural indemnity in 2026?

Accepted Answer

The procedural indemnity amounts applicable in 2026 are not set as a fixed annual figure. They are determined by indexation based on the Belgian consumer price index (CPI, base 2004): whenever the index rises or falls by at least 10 points relative to the previous indexation trigger point, all amounts are recalculated and the new rates take effect.

This means the amounts can change multiple times within a single calendar year in periods of high inflation, or remain unchanged for over a year during stable periods.

The most recent indexation took place on 1 March 2025, following the February 2025 index (166.05 points) exceeding the threshold of 165.78. The next adjustment will occur when the index reaches or exceeds 175.78 points.

To see the current indexed amounts and track when the next indexation is expected, use the indexed rates overview on this site.

Legal Costs Award Explained – Belgium | Article 1022 & Calculation

What is the procedural indemnity (Belgium)?

How is the procedural indemnity amount determined?

Specific situations: case not on the roll and settled before introduction

Legal basis: Article 1022 Judicial Code and Royal Decree

Indexation of procedural indemnity (Article 8, 2024)

Special cases: mixed claims and procedural indemnity

Calculation methods for procedural indemnity by court

Current procedural indemnity amounts (Belgium)

Important note and useful links for procedural indemnity

Procedural indemnity and legal expenses insurance