(1) Upon application by the contracting authority or upon application by the undertaking named in accordance with Section 134 by the contracting authority as the undertaking to be awarded the contract, the court may allow the continuation of the procurement procedure and the award 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 interest of the general public in the contracting authority 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 immediate 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.
(2) The application shall be made in writing, stating the reasons. The facts to be put forward as reasons for the application as well as the reason for the urgency of the matter shall be substantiated. The appeal proceedings may be suspended until a decision is made on the application.
(3) The decision shall be made and reasons shall be given without delay and in no event later than five weeks after receipt of the application; in the event of particular factual or legal difficulties, the chairperson may, in exceptional cases, extend the period by the required amount of time by declaration to the parties stating the reasons for the extension. The decision may be made without a hearing. The reasons shall explain the lawfulness or unlawfulness of the award procedure. Section 175 shall apply.
(4) No appeal is admissible against a decision made pursuant to this provision.