Production of banking, financial or commercial documents

(1) The injured party may, in the case of an infringement committed on a commercial scale, in the cases of section 24(2), also require the infringer to produce banking, financial or commercial documents, or to grant suitable access to the corresponding documents, that are in the infringer's control and that are necessary for the enforcement of the claim to damages, where without their production the satisfaction of the claim to damages is doubtful.
(2) The claim under paragraph 1 is excluded where asserting it would be disproportionate in the individual case.
(3) The obligation to produce the documents designated in paragraph 1 may be ordered by way of interim injunction under sections 935 to 945 of the Code of Civil Procedure, where the claim to damages manifestly exists. The court shall take the measures necessary to ensure the protection of confidential information. This applies in particular in cases in which the interim injunction is issued without a prior hearing of the opposing party.
(4) Section 811 of the German Civil Code and section 24b(8) apply accordingly.