(1) The immediate appeal shall have a suspensive effect upon the decision of the public procurement tribunal. The suspensive effect shall lapse two weeks after the expiry of the time limit for the appeal. If the public procurement tribunal rejects the application to review the award, the appellate court may, upon application by the appellant, extend the suspensive effect up to the time of the decision on the appeal.
(2) The court shall reject the application pursuant to subsection (1) sentence 3 if, taking into account all interests that may be impaired, the negative consequences of delaying the award up to the time of the decision on the appeal outweigh the advantages involved. In its assessment, the public procurement tribunal shall take account of the interests of the general public in the contracting entity carrying out its tasks efficiently; where contracts relevant under defence or security aspects within the meaning of Section 104 are concerned, special defence and security interests must additionally be taken into account. The special defence and security interests prevail as a rule where the public contract or the concession is directly associated with
1. a crisis,
2. a mandated deployment of the German Federal Armed Forces,
3. an obligation of the German Federal Armed Forces equivalent to a deployment or
4. an alliance commitment.
In its decision, the court shall also consider the appeal's prospects of success, the applicant's overall prospects of winning the public contract or concession in the procurement procedure and the interests of the general public in the quick conclusion of the procurement procedure.
(3) If the public procurement tribunal grants the application for review by prohibiting the award, the award shall not be made unless the appellate court annuls the decision of the public procurement tribunal pursuant to Section 176 or Section 178.