(1) Whoever, while acting with intent or gross negligence, engages in an illegal commercial practice pursuant to section 3 or section 7, thereby making a profit to the detriment of numerous purchasers, can be sued for surrender of such profit to the Federal budget by those entitled, under section 8 (3) nos. 2 to 4, to assert a claim to cease and desist. Where the parties are in dispute about whether the illegal commercial practice led to a profit being made to the detriment of numerous purchasers or about how high the profit drawn is, the court gives a decision in consideration of all the facts and circumstances based on its independent conviction.
(2) Such payments as were made by the debtor because of the infringement to third parties or the state are to be deducted from the profit. Insofar as the debtor made such payments only at a time subsequent to satisfaction of the claim pursuant to subsection (1), the Federal Office of Justice reimburses the debtor the profit paid in the sum of the recorded payments.
(3) Where there is more than one creditor claiming the profit, sections 428 to 430 of the Civil Code apply accordingly.
(4) Creditors notify the Federal Office of Justice of the assertion of claims pursuant to subsection (1).
(5) If the creditors are entitled to reimbursement from the debtor of such expenses as were necessary to assert the claim and they cannot obtain satisfaction from the debtor, then they may request reimbursement of such expenses from the Federal Office of Justice. The claim as referred to in sentence 1 is limited to the sum of the profit paid to the Federal budget.
(6) The creditors may request reimbursement from the Federal Office of Justice of such expenses as arise in connection with the financing of the judicial process by a commercial litigation funder if the Federal Office of Justice authorised the use of such financing prior to institution of the judicial process. The Federal Office of Justice authorises the use of such financing if, giving consideration to the facts and circumstances as a whole, the planned litigation is not abusive and the expenses for the litigation funder are customary and reasonable.