Reduction of court costs

(1) Where, in civil litigation in which a claim from one of the legal relationships governed by this Act is asserted by action, a party credibly shows that the burden of the litigation costs, calculated on the full amount in dispute, would considerably endanger that party's economic situation, the court may, on that party's request, order that the obligation of that party to pay court fees be calculated on a part of the amount in dispute adapted to its economic situation. The order has the effect that the favoured party must also pay the fees of its lawyer only on that part of the amount in dispute. Insofar as the costs of the litigation are imposed on it, or insofar as it assumes them, it must reimburse the court fees paid by the opposing party and the fees of that party's lawyer only on that part of the amount in dispute. Insofar as the extrajudicial costs are imposed on, or assumed by, the opposing party, the lawyer of the favoured party may recover the lawyer's fees from the opposing party on the basis of the amount in dispute applicable to that party.
(2) The request under paragraph 1 may be declared before the registry of the court for the record. It must be made before the hearing on the merits. Thereafter it is admissible only where the assumed or fixed amount in dispute is later increased by the court. The opposing party must be heard before the decision on the request.