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Court fees concerning Small Claims procedure - Belgium

Šis puslapis išverstas mašininio vertimo priemone ir jo kokybė negali būti užtikrinta.

Šio vertimo kokybė: gera

Ar šis vertimas Jums naudingas?


Introduction

What are the applicable costs?

How much will I have to pay?

What happens if I do not pay the court fees in time?

How can I pay the court fees?

What do I do after you have paid?

Introduction

This matter is regulated by Articles 1017 to 1022 of the Judicial Code, with regard to the witness fee by Article 953 of the Judicial Code and with regard to registration fees by the Code on registration, mortgage and court registry fees (Code des droits d’enregistrement, d’hypothèque et de greffe/Wetboek der registratie-, hypotheek- en griffierechten), in particular Articles 142 et seq. and Articles 268 et seq.

What are the applicable costs?

Article 1018 of the Judicial Code details the costs:

1° miscellaneous, graft and registry fees. Court registry fees include fees for entry in the cause list fees for drafting court documents and fees for providing copies of court documents (see Article 268 et seq. of the Code on registration, mortgage and registry fees). The right of attachment is between EUR 30 and EUR 100, depending on the court seised. The writing right is EUR 35.

Registration fees are payable for decisions relating to a principal amount of more than EUR 12.500 (not including legal costs) and are set at 3 % of that amount. They are therefore not payable for small claims.

2° the cost and emoluments of judicial documents;

3° the cost of sending the judgment: between EUR 0,85 and EUR 5,75 per sheet;

4° the costs of all measures of inquiry, including the tax of witnesses and experts. The Royal Order of 27 July 1972 sets this fee at 200 francs per witness, which today corresponds to around EUR 5. To this amount is added an allowance for travel expenses (EUR 0,0868 per kilometre).

Experts are free to set their expenses and fees for expert reports, although the method of calculation must be clearly indicated and in the final assessment of the total legal costs the court may reduce the amount, where appropriate, for example where unnecessary expenses have been incurred.

5° travel and subsistence expenses for judges, court clerks and the parties, when their travel has been ordered by the judge, and costs of proceedings, where they have been made in the sole view of the trial;

6° the procedural indemnity (Article 1022 of the Judicial Code); this indemnity is paid by the unsuccessful party and is a flat-rate contribution towards the successful party’s expenses and lawyers’ fees. The amounts are linked to the consumer price index. any change of plus or minus 10 points gives rise to an increase or decrease, respectively, of 10 % of the amount.

Value of the claim


basic amount


minimum amount


maximum amount

Up to EUR 250,00

EUR 180,00

EUR 90,00

EUR 360,00

EUR 250,01 to EUR 750,00

EUR 240,00

EUR 150,00

EUR 600,00

EUR 750,01 to EUR 2.500,00

EUR 480,00

EUR 240,00

EUR 1.200,00

Labour Court (special scheme)

Value of the claim


basic amount


minimum amount


maximum amount

Up to EUR 250,00

EUR 43,75

EUR 31,75

EUR 55,75

Up to EUR 620,00

EUR 87,43

EUR 69,43

EUR 105,43

Up to EUR 2.500,00

EUR 131,18

EUR 107,18

EUR 155,18

7° the fees, emoluments and expenses of the Ombudsman appointed in accordance with Article 1734 of the Judicial Code.

How much will I have to pay?

Based on the above, the amount payable varies from case to case depending on factors such as whether you are the successful party and whether experts have been commissioned, witnesses have been called, judicial officers have had to travel abroad, a mediator has been appointed, etc.

What happens if I do not pay the court fees in time?

Registry fees must be paid in advance, otherwise the case will not be entered in the cause list.

Experts always require payment of a deposit before they carry out their work.

If you request examination of a witness, you must deposit the costs due in advance with the registrar. If you do not make this payment, it will be assumed that you have dropped the request for examination of the witness.

How can I pay the court fees?

Payment can be made by credit transfer or payment order form, by electronic transfer, in cash or by cheque to the order of the registry (the latter method is reserved to lawyers and bailiffs).

What do I do after you have paid?

All proofs of payment must be kept carefully so that they can be presented immediately upon request.


This is a machine translated version of the content. The owner of this page accepts no responsibility or liability whatsoever with regard to the quality of this machine translated text.

Last update: 20/09/2019