Who pays the RPV in Belgium?

The RPV 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 RPV. 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 RPV 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 RPV is a separate cost item from any damages the court awards: a losing party may simultaneously be ordered to pay both damages and the RPV.