State aid ruling will help inform future investment of public funds, say experts –

Posted May 25th, 2016 in appeals, competition, EC law, loans, local government, news, sport, state aids by sally

‘A recent ruling by the Court of Appeal in London will help public bodies invest public funds into business ventures without breaching state aid rules.’

Full story, 23rd May 2016


Of Megabytes and Men: the private use exception under the judicial lens and lessons for state aid claims – Competition Bulletin from Blackstone Chambers

Posted July 3rd, 2015 in copyright, EC law, judicial review, news, proportionality, state aids by tracey

‘On 19 June 2015, the High Court allowed a claim for judicial review against the decision to introduce a narrow “private copying” exception to the Copyright, Designs and Patents Act 1988 (the “CDPA 1988”). The decision is of interest to EU and competition lawyers for two reasons: (1) its examination of the standard of review in public law cases with an EU law dimension and also (2) its analysis of the state aid issues which were raised.’

Full story

Competition Bulletin from Blackstone Chambers, 2nd July 2015


Judicial review: Judicial Control, Liability and Litigation – Local Government Law

Posted June 23rd, 2015 in judicial review, local government, news, state aids by tracey

‘The Judgment of Green J in R (British Academy of Songwriters, etc) v SoS for BIS [2015] EWHC 1723 (Admin) is very long (106 pages, 318 paragraphs) and its subject matter (creating an exception to copyright based upon personal private use) is far removed from local government. However, it is important on judicial review generally (and on State Aid).’

Full story

Local Government Law, 22nd July 2015


Copying material for private use: is it legal? – UK Human Rights Blog

‘British Academy of Songwriters, Composers and Authors and others, R(on the application of) v Secretary of State for Business, Innovation and Skills and another [2015] EWHC 1723 (Admin). An exception to copyright infringement for private use has failed to survive a challenge in the High Court. But this may not be the end of the story.’

Full story

UK Human Rights Blog, 20th June 0215


State Aid Issues for Local Authorities – Thirty Nine Essex Street

Posted March 19th, 2015 in EC law, local government, news, state aids by sally

‘The Treaty on the Functioning of the European Union provides that certain government activities may be prohibited because they give an advantage in a selective way to certain entities, which might affect competition within the internal market. Those advantages may amount to prohibited state aid, or may be state aid which is either expressly allowed by the Treaty, or which may be allowed, dependent on the circumstances.’

Full story (PDF)

Thirty Nine Essex Street, January 2015


Legal challenge to Government’s £2.5bn subsidy scheme for fossil fuel industry – The Independent

Posted December 6th, 2014 in EC law, energy, news, state aids by sally

‘The Government may be forced to suspend a £2.5bn annual subsidy scheme designed to keep the lights on as cheaply and as greenly as possible following a legal challenge in the European Court of Justice, which claims it amounts to an “unlawful subsidy” for the fossil fuel industry.’

Full story

The Independent, 5th December 2014


International Development (Gender Equality) Act 2014

Posted March 14th, 2014 in equality, gender, international relations, legislation, state aids by tracey

International Development (Gender Equality) Act 2014 published

Full text of Acts


French Republic v Commission of the European Union – WLR Daily

Posted October 7th, 2013 in appeals, contracts, EC law, law reports, news, public procurement, state aids, taxation by sally

French Republic v Commission of the European Union (Case C-115/12P); [2013] WLR (D) 364

“The calculation of whether a member state had ‘subsided directly’ by more than 50% a works contract awarded by an entity other than themselves within the meaning of article 2(1) of Council Directive 93/37/EEC which triggered the public procurement procedures under that Directive, included sums arising from tax reductions to the members of commercial partnerships, who were natural persons, investing in a works contract.”

WLR Daily, 26th September 2013


Virgin Media and BT take legal action against Birmingham council broadband – The Guardian

Posted October 22nd, 2012 in competition, complaints, internet, local government, news, state aids by sally

“Virgin Media and BT are taking legal action against Birmingham city council over the use of public money to build a broadband network that directly competes with their own.”

Full story

The Guardian, 21st October 2012


Alstom Transport v Eurostar International Ltd – WLR Daily

Posted January 25th, 2012 in contracts, EC law, law reports, public procurement, state aids, transport by sally

Alstom Transport v Eurostar International Ltd [2012] EWHC 28 (Ch); [2012] WLR (D) 4

“Regulation 3(2) of the Utilities Contracts Regulations 2006 (‘UCR’) should be construed as if it said that network ‘includes a system operated in accordance’ instead of ‘means a system operated in accordance’. The term ‘contracting authority’ in regulation 2(1) of the UCR and regulation 3(1) of the Public Contracts Regulations 2006 (‘the PCR’) was restricted to domestic bodies only. The fact that an undertaking was able to continue trading only as a result of very substantial state aid did not preclude it from being of an industrial or commercial character within the terms of article 2(1) of Parliament and Council Directive 2004/17/EC.”

WLR Daily, 20th January 2012


Ryanair sues Europe over airline ‘state aid’ – The Times

Posted July 10th, 2007 in airlines, news, state aids by michael

“Ryanair, Michael O’Leary’s Irish budget airline, lambasted the European Commission for double standards as it launched a landmark legal action to try to force it to investigate allegations of illegal state aid. ”

Full story

The Times, 10th July 2007