S.L. 379.8 Art. 18Right to request an appeal before the Civil Court (Commercial Section) and to appeal to the Court of Appeal.

(1) The persons, undertakings or association of undertakings concerned and any third party entitled to a hearing under regulation 16(5) may, within twenty days of the notification of the final decision of the Director General, pursuant to regulations 6, 7 and 8 or in the case of third parties within twenty days of its publication, file an application before the Court on points of law and, or of fact, requesting an appeal from the decision of the Director General.

(2) The application shall be notified to the Director General and the Director General shall file his reply thereto within twenty days from the date of notification of the application.

(3) An application filed before the Court in accordance with sub-regulation (1) shall not have the effect of suspending the decision unless the Court, upon a reasoned claim raised by the party concerned in the proceedings, and after considering the submissions of all parties to the proceedings, suspends the decision under such conditions as it may deem fit, stating its reasons therefore, pending the final determination of the appeal.

(4) The Court shall have the power to substitute its discretion for that of the Director General including the power to either confirm or modify or quash in whole or in part, the decision of the Director General:

Provided that where the Court quashes the whole or part of the decision of the Director General, it may refer the matter back to the Director General to take a new decision.

(5) The Director General and any party to the proceedings before the Court who feels aggrieved by the judgment delivered by the said Court may appeal on points of law and, or of fact before the Court of Appeal, by means of an application filed in the registry of that court within twenty days from the date of the judgment of the Court.

(6) The undertakings concerned, the Director General and any third parties may request the Court to be heard behind closed doors where the submissions to be made or evidence to be produced is of a confidential nature or contains business secrets.

(7) (a) A confidential and a non-confidential version shall be produced of any written observations and documentary evidence submitted before the Court; and

(b) The Court shall verify the confidentiality or otherwise of the information submitted.

(8) In the interpretation of these regulations the Court may have recourse to the judgments of the Court of Justice of the European Union, and to relevant decisions and statements of the European Commission including interpretative notices on the relevant provisions of the TFEU and secondary legislation relative to competition and may also refer to its decisions and those of the Competition and Consumer Appeals Tribunal.

(9) Subject to the provisions under these regulations, the provisions of the Code of Organization and Civil Procedure shall, mutatis mutandis, apply to proceedings before the Court.