Doesn't the opposing party have to pay my costs?

Those who decide to litigate rarely do so lightly. Legal proceedings require an investment — in time, preparation and financially. But you may be able to recover that investment if you win your case.

The law provides a mechanism whereby the losing party must contribute to your procedural and lawyer costs: the legal costs indemnity (RPV).

What is the legal costs indemnity?

The legal costs indemnity is a lump-sum contribution towards your lawyer's costs and fees. Anyone who is fully or largely vindicated by the judge can therefore have part of their lawyer's costs reimbursed by the opposing party.

Please note: this is a lump-sum amount, laid down in article 1022 of the Judicial Code, depending on the value of the case. The higher the stakes of the dispute, the higher the legal costs indemnity. It is not always a full reimbursement of your costs, but it does help to limit the financial risk of litigation.

When can you get more or less?

The judge awards a standard base amount of legal costs indemnity. For a claim that cannot be valued in monetary terms (for example, a simple eviction), this currently amounts to (November 2025) 1,883.72 euros.

However, this base amount can be increased or decreased within the legally provided limits:

• Minimum: 117.73 euros
• Base: 1,883.72 euros
• Maximum: 15,697.67 euros

The difference is significant and can be of great importance to your case.

An increase may be justified, for example, if:

• The case is particularly complex
• The opposing party acts manifestly unreasonably
• There is a significant difference in financial capacity

Your lawyer can submit this request for an increase, but it must be well substantiated.

Recent ruling by the Court of Cassation

The Court of Cassation confirmed on 8 September 2025 (3D Ultra Surfaces v/ Topsolid SAS) that a judge may not simply award the base amount without explanation.

If a party requests a deviation from the base amount, the judge must:

• Examine the relevant criteria
• Discuss the arguments of the parties
• Provide a reasoned explanation of why they do or do not deviate

If the judge fails to do this, the decision may be annulled.

What does this mean for you in practice?

The legal costs indemnity ensures that, if you win, the opposing party is ordered to (partially) reimburse the costs you incurred. You must pre-finance the costs until the judge rules in your favour, but afterwards you can recover part of them, depending on what the judge awards.

It does not make litigation free, but it does provide a legal framework that makes the losing party contribute to your lawyer's costs. This ensures that people can count on the necessary legal assistance in complex proceedings.

The right strategy can make a difference of thousands of euros

That is why it is important to discuss with your lawyer in advance:

• What your chances are of actually "winning"
• How best to structure your claim and arguments

Because only those who are vindicated by the judge can claim the legal costs indemnity.

A well-constructed case file and a well-thought-out litigation strategy often make the difference. A well-developed RPV strategy can save thousands of euros and significantly reduce the financial risk of litigation in certain cases.

It is therefore certainly worth taking the time with your lawyer to consider the legal costs indemnity and how you can use it strategically.

Questions or need support?

Feel free to ask your further questions to the management team of property manager SEBAS, we are happy to help.

Source: https://www.bannister.be/moet-de-tegenpartij-mijn-kosten-niet-betalen