(1) Evidence which has solely been gained through inspection of the files of a competition authority or pursuant to Section 89c can provide proof of facts in a legal action concerning a claim for damages on account of an infringement pursuant to Section 33(1) only if the party that has been granted access to the files or its legal successor is a party to the legal action.
(2) Leniency statements and settlement submissions which have solely been gained through inspection of the files of an authority or a court or pursuant to Section 89c cannot provide proof of facts in a legal action concerning a claim for damages on account of an infringement pursuant to Section 33(1).
(3) Evidence within the meaning of Section 33g(5) which has solely been gained through inspection of the files of an authority or a court or pursuant to Section 89c cannot provide proof of facts in a legal action concerning a claim for damages on account of an infringement pursuant to Section 33(1) until the competition authority has completely terminated its proceedings against each of the parties involved either by issuing a decision or otherwise.
(4) Sections 142 and 144, Section 371(2), Section 371a(1) sentence 1, Sections 421, 422, 428, 429 and 432 of the German Code of Civil Procedure shall be applicable in a legal action concerning a claim for damages on account of an infringement pursuant to Section 33(1) or concerning a claim pursuant to Section 33g(1) or (2) only to the extent that a document or item that is to be surrendered is also subject to a claim pursuant to Section 33g against the person obliged to surrender such document or item, unless a contractual claim to surrender such document or item exists against that person. Sentence 1 shall apply mutatis mutandis to the provision by authorities of documents and items that are included in the file of a competition authority or that are kept in official custody in the course of a proceeding, with the proviso that the conditions for the provision pursuant to Section 89c(1) to (4) and (6) have to be fulfilled with regard to the respective piece of evidence.