Belgium
The court will order the unsuccessful party to bear the legal costs of the successful party, subject to a general discretion to make some other costs order. Where, for instance, the plaintiff claimed EUR100,000 in damages but was ultimately only awarded EUR30,000, the court could decide that costs should be split between both parties.
The costs relating to civil proceedings in Belgium are, at least in comparison to some other jurisdictions, fairly modest. The most noteworthy costs are the following:
- The bailiff costs for serving the writ of summons on the defendant or to have the court's judgment served, which is generally around EUR300 (but could be higher if, for example, the summons is to be served abroad).
- The court fee (rolrecht/droit de rôle), which is essentially a tax or duty, of EUR165 for most proceedings at the first instance level and EUR400 for cases before the Court of Appeal. The court fee will be collected by the Federal Tax Authorities (Federale Overheidsdienst Financiën/Service Public Fédéral Finances).
- The fees and costs of a court-appointed expert or mediator.
- The fixed statutory compensation for legal representation (rechtsplegingsvergoeding/indemnité de procedure), which is based on the value of the case and can exceptionally be decreased or increased by the court depending on the particulars of the case, such as complexity or the limited financial means of the party ordered to pay costs. Legal representation costs are capped by statute in accordance with a scale set by a Royal Decree. For cases with a value of over EUR1,000,000, the standard amount is EUR22,500 and can in any event not be higher than EUR45,000. In the majority of cases, this compensation only covers part of a party's lawyers' fees.
Furthermore, barring a few exceptions, judgments must be registered with the Tax Authorities and, at that stage, registration duties become payable. The registration fee is 3% of the principal amount that the unsuccessful party is ordered to pay and is levied when the successful party requests an authenticated copy of the judgment (which it will need in order to serve the judgment on the unsuccessful party).
Finally, the costs relating to the enforcement of a judgment are borne by party against whom enforcement is sought. Enforcement costs do not include lawyers' fees.