An request for information under Article 8 Enforcement Directive 2004 is possible in separate procedures

Litigation. Article 8(1) of EU Enforcement Directive 2004 (the right of information) applies when, after the definitive termination of proceedings in which it was held that an IP-right was infringed, a request has been made in separate proceedings for information on the origin and distribution networks of the goods or services by which that intellectual property right is infringed.

IPPT20170118, CJEU, New Wave v Alltoys

C-427/15 - ECLI:EU:C:2017:18