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

Detailed explanation of the procedural indemnity (PI) in Belgium: Article 1022 Judicial Code, Royal Decree, calculation methods, indexation, and current amounts.

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

Yes, but separate — usually lower — tariff schedules apply for summary proceedings before the president of the court.

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.

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