Calculation methods for procedural indemnity by court

Our tool employs four methods to calculate the procedural indemnity, as prescribed by law:

1. General rate: Applies to most courts, such as:
   • Justices of the peace
   • Police courts
   • Courts of first instance
   • Commercial courts
   • Courts of appeal
   • Court of Cassation
   • Assize courts
2. Labour court and labour court of appeal: these courts deal with labour-related matters (employment contracts, social security, industrial accidents, occupational diseases) and use a separate calculation scheme that differs from the general rate.
3. President of the labour court (short cause): for urgent or interim measures before the president of the labour court, adapted expedited rates apply.
4. President of the commercial court (short cause): separate rates also apply for urgent procedures before the president of the commercial court.

The difference between the general rate and the labour rate has evolved historically and is linked to the social nature of the labour court, where access to justice for workers is deliberately kept more accessible. Procedural indemnity amounts in labour cases are therefore generally lower than in comparable civil procedures.

In appeal, the procedural indemnity is calculated again on the basis of the amount still in dispute in the appeal. That may be the same as in first instance, or lower — for example if the appellant challenges only part of the judgment. The procedural indemnity in appeal is entirely separate from that in first instance: both are awarded separately and recovered separately.