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
   • Enterprise courts
   • Courts of appeal
   • Court of Cassation
   • Assize courts
2. Labour court: in proceedings under Articles 579 and 1017(2) of the Judicial Code (such as occupational accidents, occupational diseases and social security), a separate, lower rate applies. Other disputes before the labour courts, such as employment-contract disputes, fall under the general rate.
3. President of the labour court: proceedings in the same matters before the president of the labour court have their own rate.
4. Labour court of appeal: on appeal in the same matters, the labour court of appeal rate applies.

The difference between the general rate and this separate rate has evolved historically and is linked to the social nature of these disputes, in which access to justice for socially insured persons is deliberately kept low-threshold. Procedural indemnity amounts in these cases are therefore considerably lower than under the general rate.

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.