Duty of the Federal Network Agency to produce documents and provide information

(1) For the production of documents or files, the transmission of electronic documents, or the provision of information by the Federal Network Agency, section 99(1) of the Code of Administrative Court Procedure applies, with the proviso that the Federal Network Agency's right to mark documents as requiring confidentiality replaces the right of the supreme supervisory authority under section 99(1), third sentence, of the Code of Administrative Court Procedure to refuse production. The court hearing the principal proceedings informs the parties whose interest in confidentiality could be affected by disclosure of the documents in the principal proceedings that the documents have been produced.
(2) The court hearing the principal proceedings decides, on application by a party asserting an interest in confidentiality of the documents produced, by order, to what extent sections 100 and 108(1), second sentence, and (2) of the Code of Administrative Court Procedure apply to the decision in the principal proceedings. The parties' rights under sections 100 and 108(1), second sentence, and (2) of the Code of Administrative Court Procedure are to be excluded insofar as, after weighing all the circumstances, the interest in confidentiality outweighs the parties' interest in being heard, also having regard to the right to effective legal protection. In this respect, the grounds for the decision in the principal proceedings may not disclose the nature and content of the documents kept confidential. The members of the court are obliged to maintain confidentiality.
(3) The application under subsection (2), first sentence, is to be submitted within one month of the court informing the parties whose interests in confidentiality could be affected by disclosure of the documents, that the Federal Network Agency has produced the documents. Section 100 of the Code of Administrative Court Procedure does not apply in this procedure. Subsection (2), third and fourth sentences, applies correspondingly.
(4) An appeal to the Federal Administrative Court lies against the decision under subsection (2), first sentence. The senate competent for the appeal on points of law in the principal proceedings decides on the appeal. Subsection (2), third and fourth sentences, and subsection (3), second sentence, apply correspondingly.