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. In summary proceedings the general tariff normally applies, just as in ordinary proceedings.
A procedural indemnity can also be awarded in summary proceedings (urgent interim measures before the president of the court). The Royal Decree of 26 October 2007 has no separate tariff for summary proceedings: before the president of the court of first instance and the president of the enterprise court, the general tariff applies.
One exception: for proceedings under Articles 579 and 1017(2) of the Judicial Code (such as occupational accidents, occupational diseases and social security) before the president of the labour court, a separate, lower tariff applies.
Use our calculator and select the correct court type to obtain the applicable amounts.
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