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The EFTA Court annulment of EFTA Surveillance Authority’s Decision

Today, the EFTA Court annulled the EFTA Surveillance Authority’s Decision No 410/12/COL of 21 November 2012 because of failure to initiate the formal investigation procedure.

Arntzen de Besche Lawfirm has represented Míla ehf. in their action against the EFTA Surveillance Authority before the EFTA. Míla ehf. has claimed that the EFTA Surveillance Authority’s examination of a contract concluded on 1 February 2010 between the Government of Iceland and the telecom undertaking Og fjarskipti (Vodafone) for the lease of an optical fiber was insufficient to conclude that no state aid was involved within the meaning of the EEA Agreement. 

The EFTA Court found that the EFTA Surveillance Authority’s examination of the tender procedure was insufficient. The EFTA Court states that: 

“Consequently, ESA adopted the contested decision notwithstanding that the information and evidence it had at its disposal during the preliminary examination phase should, objectively, have raised doubts or serious difficulties as to whether the lease agreement conferred an economic advantage on Vodafone.”

Míla ehf. has by today’s judgment from the EFTA Court been successful in their action for annulment against the EFTA Survaillance Authority. Mila ehf. is thus very pleased with today's result.

Read the full judgment.