136Lastly, the competent national court must be able to annul the refusal decision or the decision dismissing the application for administrative review if they are unlawful and, where appropriate, refer the case back to the contracting authority, or itself adopt a new decision if it is permitted to do so under national law. In so far as the referring court asks, in the context of its ninth question, whether a court which has received a request for disclosure of confidential information must itself examine not only its relevance but also its effects on the legality of the procurement procedure, it is sufficient to point out that, in accordance with Article 1(3) of Directive 89/665, it is for the Member States to determine the detailed rules governing the review procedures enabling decisions taken by contracting authorities to be challenged.
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