Immediate enforceability

(1) Objections and actions for annulment against measures of the Federal Institute, including the threat and imposition of coercive measures on the basis of section 5(5a) and (15), sections 6, 14, 15, 16, and 19(2) and (3), section 36(5a), sections 39, 40, 40a, 41, 42, and 44(5), section 68(7), section 113(2) and (3), section 311(1) and (3), first sentence, point 1, section 314(1) and (2), section 329(2), third sentence, point 2, letter c, and section 330(2), third sentence, point 2, letter c, have no suspensive effect.
(2) Where the Federal Institute takes measures under sections 5, 11(4) or (6), section 311(1) and (3), first sentence, point 1, section 314, section 316(3), second sentence, also in conjunction with section 320(2) or section 330(4), or under section 321(3), second sentence, also in conjunction with section 322(4), section 325(2), section 326(3), or section 329(4), to protect investors, including a prohibition of the marketing of units or shares in AIFs that are marketed within the scope of this Act, objections and actions for annulment against these measures, including the threat and imposition of coercive measures, likewise have no suspensive effect.