The Spanish Competition Authority suspends most procedures in line with the Government’s Royal Decree declaring a state of alert but keeps open the e-services portal for procedures whose parties can prove that delay is against public interest

CoVid-19- Announcement from the CNMC on the timelines for administrative procedures*

"Additional provision 3 of Royal Decree 463/2020 of 14 March, declaring the state of alert to manage the health crisis situation caused by COVID-19, provides for the suspension of periods and timelines for completing the procedures of public sector entities.

The period for computing these timelines will resume once the aforementioned Royal Decree is revoked or extended, as the case may be.

However, if the interested party requests it, it may be agreed not to suspend a certain period and to adopt the appropriate measures in order to avoid serious damage to the rights and legitimate interests of the parties concerned. It may also be agreed to continue those administrative procedures that involve situations that are closely related to the facts justifying the state of alert, or that are essential to protect the general interest or the basic operation of services, if duly justified.

The statute of limitations and expiration of any actions and rights shall be suspended for the duration of the state of alert and of its extensions, if any.

Closing of the CNMC’s on-site registry

It has also been agreed to close the CNMC’s on-site registry. In any case, the CNMC´s e-services portal remains fully operational for all communications.

The CNMC is continuing its activity to the extent that it can in keeping with the state of alert declared by Royal Decree 463/2020 of 14 March. In addition, it will continue to report on those activities that are still fully operational, given their economic impact on the agents of the various sectors subject to oversight by the CNMC, or that pertain to processes governed by European Union.

*This is the original title of the press release. The title above has been amended in order to match the e-Competitions format. Individual authors are welcome to provide original independent commentaries on the case law. Articles are subject to approval by the Board of e-Competitions Bulletin before publication based on the Editorial Policy (click here).

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Spanish Competition Authority, The Spanish Competition Authority suspends most procedures in line with the Government’s Royal Decree declaring a state of alert but keeps open the e-services portal for procedures whose parties can prove that delay is against public interest, 19 March 2020, e-Competitions Burden of proof, Art. N° 93812

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