What if the winning party did not use a lawyer?

Without a lawyer, the winning party is generally not entitled to the standard procedural indemnity.

The procedural indemnity is designed as a lump-sum contribution toward the winning party's attorney costs. If the winning party did not engage a lawyer, there are no attorney costs to contribute toward, and in principle the procedural indemnity cannot be claimed — or can only be claimed in a greatly reduced amount.

The Royal Decree of 26 October 2007 makes specific provision for parties acting without a lawyer. In practice, courts award a reduced amount in such cases rather than zero, to acknowledge that the party still incurred some procedural effort.

If you are unsure whether the procedural indemnity applies in your specific situation without a lawyer, consult a legal professional.