PROCEDURAL INDEMNITY INCREASED
As from 1 April 2022, the existing procedural indemnity amounts have been increased for all future and pending matters at the Belgian Courts.
The procedural indemnity was introduced as a compensation system for lawyers’ fees. The Court awards a “procedural indemnity” (rechtsplegingsvergoeding/indemnité de procédure) to the winning party. The amount of the award is based on the amount of the claim. The Court is free to award a larger or lesser amount within the “fork” provided by the law. Differentiations from the basic amount are based on different aspects such the behavior of the party in the procedure.
For example: a claim for 7500 EUR in principal amount would lead to 1260 EUR procedural indemnity (standard amount). The Court could for this example deviate from the standard amount and award a different sum between 700 EUR and 2800 EUR.
Claims which are not expressed in money (such as a claim to release certain goods or to execute certain services) could be awarded a procedural indemnity of 1680 EUR (updated amount).
This is not the first time the amounts are increased. In 2011, 2016 and 2021 a similar operation was conducted. Although the last raise happened last year, the amounts are increased again according to the current high inflation rate.
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