What is the procedural indemnity in a default judgment?

In a default judgment, the indemnity is set at the statutory minimum — not the base amount.

Article 1022, seventh paragraph, of the Judicial Code contains an explicit rule for default judgments: when the losing party never appeared in the proceedings, the procedural indemnity is set at the statutory minimum amount rather than the base amount.

The rationale is that where the opposing party did not appear, the winning party incurred less procedural effort — fewer hearings, no exchange of submissions — and it would be disproportionate to award the full base amount.

If the losing party later files an opposition (verzet / opposition) and the case is re-opened, the default judgment is set aside and the proceedings continue as if from the beginning. From that point onward, the normal rules and tariff schedules apply, and a new procedural indemnity is determined at the end.