(1) Section 142 of the German Code of Civil Procedure shall apply mutatis mutandis to the provision of information pursuant to Section 33g.
(2) Section 142(2) of the German Code of Civil Procedure shall apply with the proviso that the reasonableness is determined pursuant to Section 33g(3) to (6).
(3) The court may issue an interlocutory judgment on the claim pursuant to Section 33g(1) or (2) if the claim is made against the other party in the legal action concerning the liability for damages pursuant to Section 33a(1). If an interlocutory judgment is issued, this shall be considered a final judgment with regard to the legal remedies.
(4) Upon application the court may suspend the legal action regarding the claim for damages pursuant to Section 33a(1)
1. until the legal action regarding the claim pursuant to Section 33g(1) or (2) is concluded or
2. for a period of up to two years, if and as long as the parties participate in a proceeding that aims at settling the legal dispute regarding the claim for damages out of court.
(5) Any party whose violation of a provision under Part 1 or of Article 101 or 102 of the Treaty on the Functioning of the European Union or Article 5, 6 or 7 of Regulation (EU) 2022/1925 has been established by a decision of the competition authority that is binding pursuant to Section 33b can be ordered by way of a preliminary injunction to surrender this decision if the conditions of Section 33g are fulfilled, even without stating and substantiating the conditions laid down in Sections 935 and 940 of the German Code of Civil Procedure. An order pursuant to sentence 1 shall not require a special need for urgency. The respondent shall be heard before the order is issued.
(6) Upon application and after hearing the parties affected, the court may order by decree the disclosure of evidence or the provision of information which is required to remain confidential for important reasons or the disclosure or provision of which is denied pursuant to Section 33g (6), if
1. the court considers such evidence or information relevant for the enforcement of the claim pursuant to Section 33a (1) or for the defence against this claim and
2. after considering all circumstances of the particular case the claimant's interest in disclosure outweighs the affected party's interest in confidentiality.
The decree shall contain a statement of reasons. This decree shall be subject to immediate appeal.
(7) The court shall take the measures required in the particular case to safeguard the protection of trade and business secrets and other confidential information. In particular, the court may instruct a publicly appointed expert to produce an expert opinion on the degree of protection required in the particular case, provided that this expert is subject to a professional duty of confidentiality.
(8) Upon substantiated application submitted by a party in a legal action regarding the claim pursuant to Section 33a(1), Section 33g(1) or (2), the court shall examine the evidence submitted to it pursuant to Section 33g(4) for the sole purpose of examination to establish whether it includes leniency statements or settlement submissions that have not been withdrawn. The court shall submit the evidence to the parties, if
1. it does not include leniency statements or settlement submissions that have not been withdrawn and
2. if the other conditions for surrender pursuant to Section 33g are fulfilled.
The court shall decide on this by decree. Before issuing a decree pursuant to this subsection, the competition authority to which the leniency statement or settlement submission was submitted shall be heard. The members of the court are subject to a duty of confidentiality; the content of the evidence that is kept confidential must not be recognisable from the reasons given for the decision. Decrees pursuant to this subsection are subject to immediate appeal.