Specific situations: case not on the roll and settled before introduction

Specific situations and how our tool handles them

Our tool not only calculates the standard procedural indemnity but also takes special circumstances into account. For each calculation, the tool displays five key amounts:

1. Minimum amount
2. Base amount
3. Maximum amount
4. Amount if the case is not placed on the docket
5. Amount if the case is settled before introduction

To better understand these amounts, note how a lawsuit typically begins. It often starts with a summons—an official document that initiates legal proceedings. The summons is crucial because it largely determines which award rate applies.

Case not placed on the docket

• If a case is not placed on the docket (registered on the roll) at the court, the procedural indemnity is €0.00.
• The roll is an official register at the court. If your case appears there, it means the case is officially underway.
• A bailiff submits the served summons to the court, which then places the case on the docket.

Case settled before introduction

• If your case is on the docket but is resolved before the first court hearing (the "introduction"), a special rate applies.
• In this situation, the procedural indemnity is 1/4 of the normal amount, capped at €1,000.00.
• This €1,000.00 cap is set by law and is not subject to indexation.

The ‘introduction’ is the first court hearing where the case is formally discussed before the judge. It is the moment when the procedure is formally brought before the court, not necessarily the hearing at which the merits are argued.

For further details on the roll and introduction, consult the Judicial Code (for example, Article 700 for introduction and Article 711 for the roll).

This special rate — lower when the case is settled early — encourages parties to resolve disputes out of court as soon as possible. The earlier a case is settled, the lower the procedural costs for both parties. This aligns with the broader policy aim of reducing the burden on the courts and promoting amicable settlement.