Artikel 12

1. The following decisions may be appealed to the Arbitral Commission on Property, Rights and Interests in Germany, referred to in Article 7 of Chapter Five of the present Convention, in accordance with the provisions of its Charter, upon application to the Commission by the party concerned within thirty days after the service thereof:
(a) decisions under Article 1 of this Chapter of the Federal Higher Authority referred to in the Annex thereto;
(b) decisions of an administrative court of first instance in regard to discriminatory treatment under Article 3;
(c) decisions of German courts of first instance (regular courts, administrative courts, finance courts or other courts) relating to the application of Articles 2, 4 and 5;
(d) decisions of the finance courts of first instance under Article 6;
(e) decisions of the regular courts of first instance in contentious or non-contentious matters under Article 7;
(f) decisions of the last instance of the German Patent Office or its Grand Senate under Allied High Commission Law No. 8 or decisions of the regular courts of first instance under that Law pursuant to Article 8.
Appeals under the last sentence of Article 2 and paragraph 3 of Article 7 of Allied High Commission Law No. 8, pending on the entry into force of the present Convention before the Patent Appeal Board established by Regulation No. 1 under Law No. 8 (amended), are hereby transferred to the Arbitral Commission and shall be dealt with by it in the same manner as appeals under this Article.
Appeal to the Arbitral Commission pursuant to sub-paragraphs (b) to (f) inclusive of this paragraph shall not bar the continuance of proceedings before the German courts and authorities on other issues in dispute. If, however, the Commission deems it necessary in order to protect the interests of a party to the proceeding it may order the stay of further proceedings before the German courts or authorities pending the Commission's decision on the question referred to it.
2. If the party affected by a decision referred to in sub-paragraphs (b) to (f) inclusive of paragraph 1 of this Article appeals from the decision to a German court instead of appealing to the Arbitral Commission, such party may not appeal thereafter to the Arbitral Commission against the decision of the German court of higher instance on points on which he could have appealed to the Arbitral Commission. If, in a decision referred to in sub-paragraphs (b) to (f) inclusive of paragraph 1, the requirements for an appeal to the Arbitral Commission did not exist, but if a German court of higher instance renders a decision which in the opinion of the party concerned violates the Articles of this Chapter referred to in paragraph 1, such party may appeal from the decision of the higher German court to the Arbitral Commission.
3. The Commission shall also be authorized to render a decision in any case referred to in paragraph 1 of this Article where the appropriate German court or authority has not rendered a final decision within one year following submission to it and where the party concerned submits the matter for the decision of the Commission within thirty days after the expiration of that year.
4. In any case referred to in paragraphs 1, 2 or 3 of this Article, the Commission may render a final decision or may remand the case to the court or authority concerned, with such instructions as the Commission deems necessary or appropriate.
5. Decisions and instructions of the Commission shall be final and binding on all German courts and authorities.