(1) If an application pursuant to Section 160 or the immediate appeal pursuant to Section 171 proves to have been unjustified from the outset, the applicant or the appellant shall be obliged to compensate the opponent and the parties for the damage incurred by them due to the abuse of the right to file an application or an appeal.
(2) An abuse of the right to file an application or an appeal shall exist in particular
1. if a suspension or further suspension of the procurement procedure is achieved through incorrect statements made intentionally or with gross negligence;
2. if the review is applied for with the intention of obstructing the procurement procedure or harming competitors;
3. if an application is made with the intention of subsequently withdrawing it in return for payment of money or other benefits.
(3) If the preliminary measures taken by the public procurement tribunal in accordance with a specific application pursuant to Section 169(3) prove to have been unjustified from the outset, the applicant shall compensate the contracting authority for the damage arising from the enforcement of the measures that were ordered.