Order of immediate enforcement

(1) BaFin may, in the cases of section 49, order the immediate enforcement of the order, where this is required in the public interest or in the predominant interest of a party.
(2) The order under subsection (1) may be made even before the appeal is lodged.
(3) On application, the appellate court may order or restore, wholly or in part, the suspensive effect of an objection or appeal, where 1. the conditions for the order under subsection (1) did not exist or no longer exist, 2. serious doubts exist as to the lawfulness of the contested order, or 3. enforcement would have an inequitable consequence for the person affected that is not required by predominant public interests.
(4) The application under subsection (3) is admissible even before the appeal is lodged. The facts on which the application is based must be made credible by the applicant. Where the order has already been enforced at the time of the decision, the court may also order the setting-aside of the enforcement. The order of suspensive effect may be made conditional on the provision of security or other conditions. It may also be time-limited.
(5) Decisions on applications under subsection (3) may be altered or set aside at any time. Insofar as the applications have been granted, they are unchallengeable.