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Part 3 · Proceedings  ›  Division 3 · Appeals › Section 74

Time Limits and Formal Requirements

(1) The appeal shall be filed in writing within one month with the competition authority whose decision is being appealed. This period shall begin upon service of the competition authority's decision. If in the cases specified in Section 36(1) an application for authorisation pursuant to Section 42 is submitted, the period for filing an appeal against the Bundeskartellamt's decision shall begin upon service of the decision of the Federal Ministry for Economic Affairs and Energy. Receipt of the appeal by the appellate court within the time limit shall be sufficient.

(2) If no decision is taken on an application in accordance with Section 73(3) sentence 2, the appeal shall not be subject to any time limit.

(3) The appeal shall include a statement of reasons to be filed within two months from the service of the decision being appealed. In the case specified in subsection (1) sentence 3, the period shall begin upon service of the decision of the Federal Ministry for Economic Affairs and Energy. If this decision is appealed, the period shall begin to run from the date on which the prohibition becomes non-appealable. In the case specified in subsection (2), the time limit is one month; it shall begin upon the filing of the appeal. The time limit may, upon application, be extended by the presiding judge of the appellate court.

(4) The statement of reasons for the appeal shall contain

1.  a statement as to the extent to which the decision is being appealed and its modification or revocation is being sought,

2.  details of the facts and evidence on which the appeal is based.

(5) The appeal and the statement of reasons for the appeal must be signed by a lawyer admitted to practise before a German court; this shall not apply to appeals filed by the competition authorities.

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