(5) When, in the procedure of deciding on the appeal, the Commissioner needs to enquire into the regularity of the conducted proportionality and public interest test or conduct a proportionality and public interest test, the Commissioner shall pass the decision on the appeal and deliver it to the party, through a first instance body, no later than 60 days from the day on which a valid appeal was submitted. (6) When requiring the opinion of the Office of National Security Council in respect of the information referred to in Article 15(2)(1) of this Act, the Commissioner shall pass a decision and deliver it to the party through a first instance body no later than 90 days from the day on which a valid appeal was submitted. (7) When the appeal is found to be legitimate, the Commissioner shall enable access to the information to the beneficiary by a decision. Administrative action Article 26 (1) The decision of the Commissioner shall not be subject to appeal, but an administrative action may be instituted against it before the High Administrative Court of the Republic of Croatia. The High Administrative Court of the Republic of Croatia shall decide on the dispute within 90 days. If the decision enables access to information, the action may stay its effect. (2) The administrative action to overrule the decision referred to in paragraph 1 of this article may also be instituted by the public authority which passed a first-instance decision. (3) In the proceedings based on the action, public authorities shall enable access by the High Administrative Court to the information referred to in Article 15(2-3) of this Act which constitutes the subject matter of the proceedings. VI. RE-USE OF INFORMATION Right of re-using information Article 27 (1) Any beneficiary is entitled to re-use information for commercial or non-commercial purposes, in accordance with the provisions of this Act. (2) For the purpose of information re-use, public authorities shall render their information available in electronic form whenever possible and appropriate. Public authorities are not obliged to ensure the conversion of information from one form to another or to ensure the use of a part of the information, nor are they obliged to renew (update, upgrade, continue to create) a particular information for the sole purpose of its re-use. Request for re-use Article 28 13

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