(1) If, in the context of a legal action in which a claim pursuant to Sections 33, 33a(1) or Section 34a is asserted, a party credibly demonstrates that its economic situation would be seriously jeopardised if it had to bear the costs of litigation calculated on the basis of the full value in dispute, the court may, upon such party's application, order that the obligation of this party to pay the court fees be assessed on the basis of a part of the value in dispute adjusted to its economic situation. The court may make its order contingent on the party credibly demonstrating that the costs of litigation to be borne by it are not directly or indirectly assumed by a third party. As a consequence of the order, the benefiting party shall also pay its lawyer's fees only on the basis of the adjusted part of the value in dispute. Where costs of litigation are imposed upon or assumed by the benefiting party, this party shall reimburse the opposing party for paid court fees and the fees of its lawyer only on the basis of the adjusted value in dispute. Where the extra-judicial costs are imposed upon or assumed by the opposing party, the lawyer of the benefiting party may recover his/her fees from the opposing party based on the value in dispute applying to the opposing party.
(2) The application pursuant to subsection (1) may be declared for the record of the registry of the court. It shall be made prior to the trial of the case on its merits. The request shall subsequently be admissible only if the assumed or specified value in dispute is subsequently raised by the court. The opposing party shall be heard prior to the decision on the application.
(3) If, in the context of a legal action in which a claim pursuant to Section 33a(1) is asserted, an intervener joined the legal action of the main party, and where litigation costs are imposed upon or assumed by the opposing party, the reimbursement of costs shall cover only the intervener's costs for legal assistance on the basis of the value in dispute which the court determines at its own discretion. In the case of several interveners, the total amount of the values in dispute of all individual interventions shall not exceed the value in dispute in the main action.