Questione giuridica chiave
Whether § 155 ZPO applies to an administrative authority that is itself a party in civil proceedings and who decides on document production in that situation.
Decisione estratta
§ 155 ZPO applies only when the administrative authority is not itself a party; if it is a party, the judge decides which documents must be produced.
Motivazione estratta
The revised ZPO newly regulates the interaction between civil justice and administration. In light of the materials and the separation of powers, the administrative authority decides on disclosure only where it acts outside litigation; if it is a civil party, judicial control is required and the rules on refusal to testify and documentary duty govern by analogy.