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Code of Civil Procedure, No. 59/2007, July 20, 2007 [English version]

In a civil or administrative case the court can base a request of information disclosure either on Article 190 of the Civil Procedure Code (CPC) if the ISP is participating to the trial or on Article 192 (2) of CPC if the ISP is not participating to the trial and is therefore a third party. (1) According Article 190 of CPC “each party may approach the court with a request to obligate the other party to present a document in the possession thereof, explaining the relevance of the said document to the dispute”. Article 191 (1) of CPC includes an exhaustive list of the circumstances in which the party could refuse to present the information requested by the court under Article 190, including the case in which “this would lead to defamation or to criminal prosecution of the party or of any relatives”. (2) Under Article 192...