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Section 9

Rejection of the application: Legal remedies

(1) Notification of a ruling rejecting the application in part or in its entirety is to be provided within the period stipulated in Section 7 (5), sentence 2.

(2) In cases in which the authority rejects the application in part or in its entirety, it is to provide notification as to whether and when partial or full access to the information is likely to be possible at a later juncture.

(3) The application may be rejected where the applicant is already in possession of the requested information or can reasonably be expected to obtain the information from generally accessible sources.

(4) It is permissible to challenge the decision to reject the application by lodging an administrative appeal or bringing an action to compel performance of the requested administrative act. Administrative appeal proceedings pursuant to the provisions of Part 8 of the Code of Administrative Court Procedure (VwGO) are also to be carried out when the decision has been reached by a supreme federal authority.

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