Article 1017 of the Belgian Judicial Code
Unless specific laws provide otherwise, each final judgment (even ex-officio) will order the losing party to pay the costs, unless an agreement between the parties stipulates otherwise, in which case the court may ratify this agreement. Nevertheless, unnecessary costs, including the costs of the proceedings referred to in Article 1022, will automatically be payable by the party that incurred them inappropriately.
Except where the proceedings are considered vexatious or without merit, the public authority or institution is responsible for the application of the laws and regulations:
1° referred to in Articles 579, 6°, 580, 581 and 582, 1° and 2°, relating to claims instituted by or against insured persons individually, will always be ordered to pay the costs;
2 ° with regard to the social security of statutory staff in the public sector who are considered on a par to the laws and regulations referred to at 1° concerning the social security of employees, with regard to claims made by or against insured persons individually, will always be ordered to pay the costs.
An insured person means: a person insured for social security purposes within the meaning of Article 2, 7°, of the law of 11 April 1995 on the introduction of the “Charter” for insured person for social security purposes.
The costs may be apportioned as the judge deems appropriate, either if the parties have been unsuccessful with regard to any point of dispute, or with regard to spouses, legal or de facto cohabitants, relatives in the ascending line, brothers and sisters or relatives in the same degree.
In a judgment relating to an investigation, the decision on costs will always be postponed.
