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Time's up – Procedural Delays in State Aid Cases

An Overview of the Case Law

Ketill Einarsson, Mihalis Kekelekis


This Article deals with procedural delays encountered during the preliminary examination of State aid cases. The main emphasis is on delays in notified cases as well as complaints, and a comparison is drawn. Some light is also shed on delays in existing aid procedures. The Article draws from extensive case law which demonstrates both the importance of adopting decisions within a reasonable time as well as the extent to which procedural delays can be justified. Finally, in light of the initiatives brought about by the State Aid Modernisation, the article provides some suggestions on how to improve the decision-making process in State aid cases and put an end to long procedural delays.
Keywords: Administrative decisions, GBER, Length of investigation, Procedure before the Commission, Procedural delays, Procedural Regulation, SAM.

The authors work in the Competition and State aid Directorate of the EFTA Surveillance Authority. The views expressed in this article are strictly personal and do not reflect the opinion of the Authority.

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