(1) The court dealing with the main proceedings may order a limitation under section 16 (1) and section 19 (1) when a court dispute is pending.
(2) The other party is to be heard by the court no later than after the measure has been ordered. The court may suspend or amend the measure after hearing the parties.
(3) The party submitting the application under section 16 (1) or section 19 (1) must credibly demonstrate that the information that is the subject of the proceedings is a trade secret.
(4) If papers and other documents are handed in or submitted with the application or following an order in accordance with section 16 (1) or an order in accordance with section 19 (1) sentence 1 no. 1, the party making the application must indicate the statements which, in its opinion, contain trade secrets. In the case of section 19 (1) sentence 1 no. 1, it must also submit a version that may be inspected without divulging trade secrets. If no such version, where the trade secrets have been made illegible, is submitted, the court may assume consent to inspection unless the court is aware of special circumstances that do not justify such an assumption.
(5) The court decides on the application by decree. If it grants the application, it must draw the attention of the participants to the effect of the decree under section 16 (2) and section 18 and consequences of a breach under section 17. If the court intends to dismiss the application, it is to draw the applicant party’s attention to this and to the reasons for it and to give it an opportunity to make a statement within a period to be determined. Categorisation as sensitive in accordance with section 16 (1) and an order of limitation in accordance with section 19 (1) may only be contested together, with the appellate remedy in the main proceedings. In all other cases, an immediate complaint may be filed.
(6) The court dealing with the main proceedings within the meaning of this Division is
1. the court of first instance or
2. the appeal court if the main proceedings are pending with the appellate instance on fact and law.