Who pays the procedural indemnity in Belgium?

The procedural indemnity is always awarded against the losing party by operation of law.

In principle, the losing party — the party ruled against by the court — pays the procedural indemnity. It is awarded automatically to the prevailing party; neither party needs to make an explicit request, though it is common practice to include it in the written submissions to prevent any dispute.

When a case has a mixed outcome — where both parties partially succeed — the judge may offset the procedural indemnity or allocate a portion to each side. In that situation the judge has full discretion and must explain the reasoning in the judgment.

Note that the procedural indemnity is a separate cost item from any damages the court awards: a losing party may simultaneously be ordered to pay both damages and the procedural indemnity.