Special cases: mixed claims and procedural indemnity

Mixed claims

Sometimes a lawsuit involves multiple claims (for example, recovering money and seeking an injunction). This is known as a ‘mixed claim.’

In such cases, the judge considers which claim would result in the highest procedural indemnity. That highest amount then applies to the entire case. This principle was confirmed in a Court of Cassation judgment (ECLI:BE:CASS:2010:ARR.20100511.3).

Our tool adheres to this rule. If you enter a mixed claim, the tool calculates the highest possible procedural indemnity.

Example: Rental case with eviction

Imagine a landlord files a lawsuit against a tenant for two reasons:

1. Recovering unpaid rent (a monetary claim)
2. Evicting the tenant (a non-monetary claim)

The tool determines which claim yields a higher award. If, for instance, the unpaid rent amounts to €5,000.00 but the eviction claim results in a higher award, the tool uses the higher amount for the entire case.

Keep in mind that the judge always has the final say on the exact amount awarded.

Mixed claims are common in practice, for example in commercial disputes (payment + injunction for breach of covenant), family disputes (division of assets + contact prohibition) and employment cases (unpaid wages + reinstatement). In all these cases, correctly identifying which sub-claim triggers the highest procedural indemnity bracket is important, as it determines the total cost for the losing party.