Правна библиотека и анализ на дела · Австрия · Белгия · Европейски съюз
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Cap. 81 · Utilities And Services (Cap. 81)

Cap. 81 чл. 31Decision, if appealed, to stand unless Court of Appeal decides otherwise.

PART V

В силаОфициален текст

(1) The decision of the Dispute Resolution Board pending an appeal before the Court of Appeal (Inferior Jurisdiction) shall stand and shall be adhered to by all the parties to whom the decision applies.

(2) The Court of Appeal (Inferior Jurisdiction), where it considers it to be appropriate, may, on the application of a party to the appeal, suspend in whole or in part the decision which is the subject of the appeal pending the final determination of the appeal. The Court of Appeal (Inferior Jurisdiction) in deciding whether or not to suspend the decision shall state its reasons and shall take into account all the relevant circumstances, including:

(a) the urgency of the matter,

(b) the effect on the party making the request if the application for suspension is not upheld, and

(c) the effect on competition and, or on end-users if the application is upheld:

Provided that a party, in making an application under this article, shall state the factual and legal grounds establishing a case for the suspension of the decision. The Court of prima facie Appeal (Inferior Jurisdiction) shall on receipt of any such application order the notification thereof to the other party or parties to the appeal affording them reasonable opportunity to make their response thereto: Provided further that the Court of Appeal (Inferior Jurisdiction) in determining any such application may include such conditions as it considers necessary in the circumstances.