(1) In the event of a legal infringement being committed on a commercial scale in the cases referred to in section 42 (2), the aggrieved party may also require the infringer to produce bank, financial or commercial documents or to provide appropriate access to the relevant documents as are in the infringer’s control and are necessary for enforcing the claim for damages if there is doubt as to whether the claim for damages will be satisfied in the absence of such production. If the infringer asserts that the information is confidential, the court takes the measures necessary to ensure the specific protection required in an individual case.
(2) The claim under subsection (1) is ruled out if such a claim is disproportionate in an individual case.
(3) The obligation to produce the documents referred to in subsection (1) may be imposed by means of an injunction in accordance with sections 935 to 945 of the Code of Civil Procedure in cases where there evidently is a claim to compensation for damages. The court takes the measures necessary to ensure the protection of confidential information. This in particular applies to those cases where the injunction is issued without giving a prior hearing to the opposing party.
(4) Section 811 of the Civil Code and section 46 (8) apply accordingly.