1In the case foreseen in paragraph 5 of Article 136 of this Code the superior organ shall consider the appeal forwarded the competent body and if necessary conducts additional investigations or orders the competent body to conduct additional investigations and notify about them. Paragraph 2 and 3 of this Article shall apply also in this case.
2The supervisor organ, by administrative act shall reject the appeal if it turns out to be not acceptable or unfounded.
3If the superior organ estimates that the ordering part of the appealed administrative act is lawful, but the reasons given are other than those provided by the competent public in the appealed act, or if it considers that its reasoning is not complete, it shall reject the appeal and provide the new reasoning.
4If the superior organ estimates that the appeal is admissible and founded, it must finally decide by a new act, by annulling, repealing or amending, in whole or in part, the appealed act, or by issuing the act required by the party, respectively.
5Unless otherwise expressly provided by law, the act of the superior organ can only be in favour of the appellant.
EN