Subsection 2: Procedure applicable to requests for disclosure or production of documents

When, pursuant to 1° of Article L. 153-1, the judge restricts access to the document to persons authorised to assist or represent the parties, he may also decide that these persons may not make a copy or reproduction of it, except with the agreement of the holder of the document.

On pain of inadmissibility, the party or third party to the proceedings who invokes the protection of business secrecy for a document whose communication or production is requested shall provide the judge, within the time limit set by the judge: 1° The full confidential version of the document; > 2° A non-confidential version or a summary; 3° A statement specifying, for each item of information or part of the document…

The judge shall rule, without a hearing, on the communication or production of the document and the terms and conditions thereof.

The judge shall refuse to communicate or produce the document if it is not necessary for the resolution of the dispute.

The judge shall order the communication or production of the document in its full version where this is necessary for the resolution of the dispute, even though it is likely to infringe a business secret. The judge shall order the communication or production of the document in its full version where this is necessary for the resolution of the dispute, even though it is likely to infringe a business secret….

Where only certain elements of the document are of such a nature as to infringe a business secret without being necessary for the resolution of the dispute, the judge shall order the communication or production of the document in a non-confidential version or in the form of a summary, in accordance with the terms and conditions that he shall determine. .

Where the decision is taken before any trial on the merits, the decision ruling on the request for communication or production of the document may be appealed in accordance with the conditions laid down in article 490 or article 496 of the Code of Civil Procedure. The time limit for appeal and any appeal made within that time limit are suspensive where the decision grants the request for communication or…

I.-Where it is given in the context of proceedings on the merits, the decision rejecting the request for disclosure or production of the document may be appealed only together with the decision on the merits. II.-The decision granting the request for disclosure or production of the document may be appealed independently of the decision on the merits within fifteen days of service of the order of the court. II -An…