Category: state aids

Subsidy Control reviews: proportionality with a light touch – Competition Bulletin from Blackstone Chambers

Posted April 20th, 2023 in chambers articles, competition, news, proportionality, state aids by sally

‘As erstwhile State aid lawyers will know, under the UK’s new subsidy control regime, interested parties can challenge subsidy decisions in the CAT, which will apply the same principles applied by the High Court in a judicial review. But what standard of review will the CAT adopt when examining a substantive subsidy decision? The recent decision of the Divisional Court in the Bulb case suggests that the answer is proportionality (rather than rationality) – but that the proportionality review may be so light touch as not to add much to the traditional ground.’

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Competition Bulletin from Blackstone Chambers, 19th April 2023

Source: competitionbulletin.com

Subsidy Control Act 2022 in force – Local Government Lawyer

Posted January 6th, 2023 in local government, news, state aids by tracey

‘Steve Gummer, Saira Ahmed and Oliver Slater consider the Subsidy Control Act 2022, which came into force this week (4 January 2023). The Act sets out the UK’s prevailing subsidy control rules. Public authorities should consult the Act when contemplating the award of subsidies.’

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Local Government Lawyer, 6th January 2023

Source: www.localgovernmentlawyer.co.uk

Subsidy Control Act 2022: another new regime – Mills & Reeve

Posted January 5th, 2023 in brexit, competition, legislation, news, state aids by sally

‘The Subsidy Control Act 2022 is now, as of 4 January 2023, in force. The regime under the Act reflects the subsidy control chapter of the Trade and Cooperation Agreement which has governed UK subsidies since Brexit. This article provides a summary of the key changes made by the Act and how the regime will operate.’

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Mills & Reeve, 4th January 2023

Source: www.mills-reeve.com

The King (on the application of the Good Law Project Limited) v The Secretary of State for Health and Social Care v Abingdon Health Plc [2022] EWHC 2468 (TCC) – Part Two: Procurement principles – Local Government Lawyer

Posted October 28th, 2022 in conflict of interest, coronavirus, judicial review, local government, news, public procurement, state aids by tracey

‘In the second in a two-part series on a recent procurement challenge brought by the Good Law Project, Juli Lau looks at the procurement principles considered by the court.’

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Local Government Lawyer, 28th October 2022

Source: www.localgovernmentlawyer.co.uk

Five things that are new under the Subsidy Control Act – Mills & Reeve

Posted May 12th, 2022 in competition, EC law, legislation, news, state aids, treaties by sally

‘On 28 April 2022, the Subsidy Control Bill received Royal Assent and became the Subsidy Control Act 2022. The Act is expected to come into force in autumn 2022. Until then, the provisions of the Subsidy Control Chapter of the Trade and Cooperation Agreement between the UK and EU will continue to apply. This article highlights five things that will change when the Act comes into force.’

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Mills & Reeve, 10th May 2022

Source: www.mills-reeve.com

Court of Appeal dismisses appeal over council waste collection and alleged state aid – Local Government Lawyer

Posted February 3rd, 2022 in competition, EC law, local government, news, state aids, waste by sally

‘Durham County Council did not abuse its position when it ran a commercial waste service with which private firms competed, the Court of Appeal has concluded.’

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Local Government Lawyer, 3rd February 2022

Source: www.localgovernmentlawyer.co.uk

George Peretz QC: The Subsidy Control Bill: Part II – Application to legislation, questions & concerns – UK Constitutional Law Association

Posted October 29th, 2021 in bills, constitutional law, judicial review, news, parliament, state aids by tracey

‘In the first part of this post, I set out the structure of the Subsidy Control Bill. This post looks at how it applies to legislation and at some questions and concerns about enforcement and judicial review.’

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UK Constitutional Law Association, 29th October 2021

Source: ukconstitutionallaw.org

George Peretz QC: The Subsidy Control Bill: Part I – A new public law regime – UK Constitutional Law Association

Posted October 28th, 2021 in bills, competition, constitutional law, judicial review, news, state aids, tribunals by sally

‘The Subsidy Control Bill, now going through the House of Commons, creates the domestic replacement for the EU State aid regime. So it might be regarded as legislation of interest only to those who reside in the land of competition law: a distant land of which State aid law is a particularly exotic and remote peninsula. Any such view would, however, be profoundly wrong. On the contrary, the Bill sets up a new type of public litigation, covering a very wide range of public authority decisions, that should be of considerable interest to public lawyers and its application to legislation will be of interest to constitutional lawyers as well.’

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UK Constitutional Law Association, 28th October 2021

Source: ukconstitutionallaw.org

The new UK subsidy control regime – Brexit Law

Posted February 5th, 2021 in brexit, consultations, EC law, government departments, news, state aids by sally

‘The UK government’s Department for Business, Energy and Industrial Strategy (“DBEIS”) announced yesterday [3 February] a consultation on new legislation to establish a domestic subsidy control regime.[i] The proposals are outlined in a consultation document “Subsidy control Designing a new approach for the UK”.[ii] The closing date for responses to the consultation document is 31st March 2021.’

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Brexit Law, 4th February 2021

Source: brexit.law

UK government use of Henry VIII clauses to be challenged in court – The Guardian

Posted February 1st, 2021 in brexit, EC law, judicial review, news, parliament, state aids, statute law revision by tracey

‘A government move to change state aid rules after Brexit without a vote in parliament is being challenged in court, with a legal campaign group warning the manoeuvre could lead to a similar lack of scrutiny in areas such as workers’ rights and environmental protections.’

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The Guardian, 1st February 2021

Source: www.theguardian.com

EU Commission issues “Notice to Stakeholders” on Brexit and State aid – EU Relations Law

Posted January 22nd, 2021 in brexit, EC law, Ireland, news, Northern Ireland, state aids by sally

‘In this post, George Peretz Q.C. of Monckton Chambers examines the EU Commission’s “Notice to Stakeholders” dated 18 January 2021 regarding State aid.’

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EU Relations Law, 21st January 2021

Source: eurelationslaw.com

State aid laws to be revoked in the UK – OUT-LAW.com

Posted October 2nd, 2020 in brexit, EC law, news, state aids by tracey

‘The UK government has set out legislative proposals which seek to revoke EU state aid laws in the UK from the end of the Brexit transition period. The draft State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 would, if enacted and from 1 January 2021, revoke state aid laws which would have otherwise been retained into domestic law in the UK by virtue of the EU (Withdrawal) Act 2018.’

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OUT-LAW.com, 30th September 2020

Source: www.pinsentmasons.com

COVID-19: Competition and State Aid Law During the Coronavirus Crisis – St John’s Chambers

Posted April 3rd, 2020 in chambers articles, coronavirus, EC law, news, state aids by sally

‘This note reflects developments as at 26 March 2020. It provides an overview of how UK and
EU competition law and EU State aid law will apply during the COVID-19 crisis. It is not legal
advice and should not be relied upon as such.’

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St John's Chambers, 26th March 2020

Source: www.stjohnschambers.co.uk

Case Comment: Micula and others v Romania [2020] UKSC 5 – UKSC Blog

Posted March 3rd, 2020 in appeals, arbitration, compensation, EC law, news, state aids, Supreme Court by sally

‘In this case comment, Richard Bamforth and Laura West from CMS comment on the decision handed down last month in the matter of Micula and others v Romania [2020] UKSC 5. Richard Bamforth is a partner in the Litigation and Arbitration group of CMS, based in the London office. He specialises in international arbitration (as counsel and as arbitrator), commercial litigation and alternative dispute resolution, with a focus on cross border disputes in the media, banking, finance, insolvency, energy and telecommunications sectors. Laura West is an associate at CMS based in Edinburgh. She specialises in construction, engineering and energy disputes providing operational and strategic contract advice as well as representing clients through a range of dispute resolution procedures including arbitration, litigation, adjudication and mediation. Laura has a particular interest in arbitration and is the current Vice Chair of the Global Steering Committee for the Chartered Institute of Arbitrators’ Young Members Group.’

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UKSC Blog, 2nd March 2020

Source: ukscblog.com

Supreme Court: ICSID award enforceable as state aid investigation continues – OUT-LAW.com

Posted February 27th, 2020 in arbitration, EC law, enforcement, news, state aids, Supreme Court, treaties by tracey

‘The UK Supreme Court has ruled that an arbitration award made under the International Centre for Settlement of Investment Disputes (ICSID) Convention is enforceable despite an ongoing EU state aid investigation.’

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OUT-LAW.com, 26th February 2020

Source: www.pinsentmasons.com

New Judgment: Micula & Ors v Romania [2020] UKSC 5 – UKSC Blog

Posted February 21st, 2020 in appeals, arbitration, compensation, EC law, news, state aids, Supreme Court by sally

‘The appeals arose out of the attempted enforcement of an investment arbitration award in favour of the claimants against Romania in relation to investments made by the claimants in food production in Romania before the country acceded to the EU.’

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UKSC Blog, 19th February 2020

Source: ukscblog.com

Court applies state aid rules in lease dispute – 11 KBW

Posted December 11th, 2018 in appeals, leases, local government, news, sport, state aids by sally

‘James Goudie QC explains how the Court of Appeal reached its conclusion, in a dispute over a lease extension, that the extension granted to the owners of a football club by a local authority was not state aid.’

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11 KBW, 13th November 2018

Source: www.11kbw.com

Council wins Court of Appeal battle over stadium and state aid – Local Government Lawyer

Posted October 16th, 2018 in judicial review, leases, loans, local government, news, state aids, subsidiary companies, tenders by sally

‘Coventry City Council has won a Court of Appeal case in the latest round of a four-year long litigation saga over the city’s sports stadium the Ricoh Arena.’

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Local Government Lawyer, 15th October 2018

Source: www.localgovernmentlawyer.co.uk

Judge refuses permission in latest state aid challenge over sports stadium – Local Government Lawyer

Posted July 19th, 2017 in delay, evidence, judicial review, leases, local government, news, sport, state aids by sally

‘A High Court judge has refused the owners of Coventry City Football Club permission to seek judicial review in their latest state aid challenge over decisions taken by Coventry City Council.’

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Local Government Lawyer, 18th July 2017

Source: www.localgovernmentlawyer.co.uk

Heaven or Hell? Brexit Legal Issues Analysed Through ‘Hotel California’ Lyrics – Littleton Chambers

Posted August 24th, 2016 in brexit, competition, constitutional law, EC law, immigration, interpretation, news, referendums, state aids, treaties by sally

‘This post sets out some of the legal issues arising after the referendum of 23 June 2016, taking a generous liberty with the interpretation of the lyrics of The Eagles’ song “Hotel California”.’

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Littleton Chambers, 12th August 2016

Source: www.littletonchambers.com