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1. In the absence of a decision from the competent authority within the applicable deadline referred to in Article 7(5), the permit shall be deemed to be granted upon expiry of that deadline. The first subparagraph shall apply provided that the permit-granting procedure does not concern rights of way. Upon request, the operator or any affected party shall be entitled to receive written confirmation from the competent authority that, where applicable, the permit has been implicitly granted. Member States shall ensure that any third party affected has the right to intervene in the administrative procedure and to challenge the decision granting the permit.

2. Member States may derogate from paragraph 1 of this Article where at least one of the following remedies is available for the relevant permit-granting procedure:

(a) the operator which suffered damage as a result of non-compliance by the competent authority with the applicable deadline set out in accordance with Article 7(5) is entitled to claim compensation for damage, in accordance with national law;

(b) the operator may refer the case to a court or to a supervising authority.

3. In the event of a derogation pursuant to paragraph 2 of this Article, the Member State concerned shall ensure that, upon expiry of the deadline set in accordance with Article 7(5) and without prejudice to the right of the operator to immediately seek remedies in accordance with paragraph 2 of this Article, the competent authority, or any other body determined by that Member State, shall invite the applicant, without undue delay, upon request of the operator, or on its own motion, to a meeting to facilitate the adoption of a decision on the permit application. The meeting shall be convened by the competent authority no later than two months after the submission of the request. Without undue delay after the meeting, the competent authority shall provide the written account of the discussion, including the views of the parties involved and indicating to the operator a date when a decision on the permit application is to be issued.