Procedural indemnity in Belgium: calculation

How the calculation works

1. Value of the claim. The amount of the originating act or of the last conclusions. A maintenance claim is valued at one annuity, 12 monthly instalments (RD art. 2, last paragraph). A claim that cannot be valued in money follows the amounts of art. 3 of the royal decree.
2. Scale. The general scale (RD arts. 2 and 3) applies in every matter, except proceedings under arts. 579 and 1017, para. 2, Judicial Code (costs borne by the social security institution), which follow the scale of art. 4: labour court, labour court of appeal or labour court president. Other labour cases follow the general scale.
3. Bracket and table. The tool finds the bracket of the claim and takes the table in force on the day of the decision. Each amount is the royal decree's reference amount, indexed (RD art. 8): since 1 March 2025, multiplied by 166.05 (February 2025 index), divided by 105.78 (March 2007 index) and rounded to the cent. Earlier tables, from 1 January 2008: the reference amounts, then × 1.1 from 1 March 2011, × 1.2 from 1 June 2016, × 1.3 from 1 June 2021, × 1.4 from 1 April 2022 and × 1.5 from 1 November 2022.
4. Applicable amount. The tool shows the minimum, base and maximum, and takes the base. The minimum applies when the losing party has second-line legal aid, unless that is manifestly unreasonable (art. 1022 Judicial Code), and in the summary order-for-payment procedure (arts. 1340 to 1343 Judicial Code; RD art. 5).

Example: for a claim of €12,500, in the bracket from €10,000.01 to €20,000, the table of 1 March 2025 gives a minimum of €981.10, a base of €1,726.74 and a maximum of €3,924.42. For a claim that cannot be valued in money: €117.73, €1,883.72 and €15,697.67.

Legal basis

• Art. 1022 of the Judicial Code.
• Royal decree of 26 October 2007 (Belgian Official Gazette of 9 November 2007), arts. 2 to 5, 7 and 8. Art. 8 (indexation) was replaced by the royal decree of 16 May 2024 (Belgian Official Gazette of 5 June 2024).
• The indexed table published by the Board of courts and tribunals: procedural indemnity amounts at 1 March 2025 (PDF, French).

Points of attention

• The judge's margin. The judge may set the indemnity between the minimum and the maximum, for the losing party's financial means (to reduce it only), the complexity of the case, contractual indemnities or a manifestly unreasonable situation (art. 1022 Judicial Code). The tool therefore shows all three amounts.
• Several winning parties. Against the same losing party, together they receive at most twice the highest maximum indemnity, split by the judge. The tool shows this cap.
• Judicial assistance. Proceedings to obtain judicial assistance give rise to no indemnity (RD art. 7).
• Criminal cases. The same table applies; the official table of 1 November 2022 says so.

What the tool does not do

• It does not cover decisions before 1 January 2008, when the royal decree of 26 October 2007 entered into force.
• It does not split the indemnity between several winning parties.
• For the table of 1 November 2022, the tool uses €327.96 (formula) rather than €327.87 (official table) as the labour court base above €2,500.
• A half cent is rounded up. For the labour court of appeal up to €249.99, the official table of 1 November 2022 prints €57.91, €72.91 and €87.91; the tool shows €57.92, €72.92 and €87.92.
• The amounts change when the index moves at least 10 points away from that of the last indexation, from the first day of the following month. On 5 October 2026, the table of 1 March 2025 is the latest published: the tool also applies it to future decisions.

Verification

The amounts and rules were checked on 5 October 2026. The tool assists the lawyer, who remains responsible for the calculation and for checking the applicable rule.