Challenges to the national phase decision

1.   The competent authority of a Member State shall without undue delay inform the Office of any national administrative or judicial proceedings against that competent authority’s decision that could affect the registration of a geographical indication.
2.   The Office shall be exempted from the obligation to meet the deadline for completing the examination set out in Article 23(3), and shall inform the applicant of the reasons for the delay, where the competent authority of a Member State:
(a)
informs the Office that the decision referred to in Article 16(1) has been invalidated at national level by an immediately applicable, but non-final, administrative or judicial decision; or
(b)
requests the Office to suspend the examination because national administrative or judicial proceedings have been initiated to challenge the validity of the application.
3.   When the administrative or judicial decision referred to in paragraph 2, point (a), has become final, the competent authority of the Member State shall inform the Office accordingly.
4.   The exemption set out in paragraph 2 shall have effect until the Office is informed by the competent authority of the Member State that the reason for the suspension no longer exists.