Inspection of files

(1) The parties named in section 52 may inspect the files of the appellate court and, at their own expense, obtain certified copies, extracts and transcripts through the registry. Section 299(3) of the Code of Civil Procedure applies accordingly.
(2) Inspection of preliminary files, ancillary files, expert opinions and documents concerning information is admissible only with the consent of the bodies to which the files belong or which obtained the statement. BaFin must refuse consent to inspection of documents belonging to it insofar as required for important reasons, in particular to safeguard the legitimate interests of parties or third persons. Where inspection is refused or is inadmissible, those documents may be made the basis of the decision only insofar as their content has been brought forward. The appellate court may, after hearing the person affected by the disclosure, order by decision the disclosure of facts or evidence whose confidentiality is required for important reasons, in particular to safeguard the legitimate interests of parties or third parties, insofar as the decision depends on those facts or evidence, no other means of clarifying the facts exist, and, after weighing all the circumstances of the individual case, the importance of the matter for securing orderly proceedings outweighs the interest of the person affected in confidentiality. The decision must be reasoned. In the proceedings under the fourth sentence, the person affected need not be represented by counsel.