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Part 4 · Award of Public Contracts and Concessions  ›  Division 3 · Immediate Appeal › Section 171

Admissibility, Jurisdiction

(1) Immediate appeals shall be admissible against decisions of a public procurement tribunal. An immediate appeal may be filed by the parties to the proceedings before the public procurement tribunal.

(2) An immediate appeal shall also be admissible if the public procurement tribunal does not decide upon an application for review within the period set out in Section 167(1); in this case the application shall be deemed to have been rejected.

(3) The immediate appeal shall be decided exclusively by the higher regional court having jurisdiction at the seat of the public procurement tribunal. An award division shall be established at the higher regional courts.

(4) Legal matters pursuant to subsections (1) and (2) may be assigned to other higher regional courts or the supreme court of a Land by way of a statutory instrument issued by the Land governments. The Land governments may delegate this authority to their judicial administrations.

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