(1) Decisions of the competition authority may be appealed. An appeal may be based also upon new facts and evidence.
(2) The appeal may be filed by the parties to the proceedings before the competition authority within the meaning of Section 54(2) and (3). Third parties may appeal a decision by which authorisation is granted pursuant to Section 42 only if they claim that the decision infringes their rights.
(3) An appeal may also be filed if the competition authority fails to take a decision requested in an application and the applicant claims to be entitled to demand such a decision. If the competition authority has failed to rule on an application to take a decision within a reasonable period of time without sufficient reason, this shall also be deemed a failure to act. Failure to act shall in such a case be regarded as a rejection of the application.
(4) Decisions on an appeal shall be issued by the higher regional court competent for the district in which the competition authority has its seat and, in the cases under Sections 35 to 42, by the higher regional court competent for the district in which the Bundeskartellamt has its seat, also if the appeal is directed against a decision of the Federal Ministry for Economic Affairs and Energy. Section 36 of the German Code of Civil Procedure shall apply mutatis mutandis. Section 202 sentence 3 of the German Social Courts Act [Sozialgerichtsgesetz] shall apply to all disputes regarding decisions of the Bundeskartellamt relating to voluntary associations of health insurance funds under Section 158 of the German Social Code, Book V.
(5) The Federal Court of Justice [Bundesgerichtshof] shall decide as the court of appeal in the first and last instance on all disputes against decisions of the Bundeskartellamt
1. under Section 19a, also in conjunction with Sections 19 and 20 and Article 102 of the Treaty on the Functioning of the European Union as well as Section 32(1), (2) and (3),
2. under Sections 32a and 32b, to the extent that these provisions are applied to matters within the meaning of Section 19a,
in each case including all independently contestable procedural steps.