Can the procedural indemnity amount be challenged on appeal?

Yes, but only as part of an appeal against the judgment as a whole — not as a standalone appeal.

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.