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The Squaring of the Circle: journal article

Subsidy Control Under the UK-EU Trade and Cooperation Agreement

Totis Kotsonis

European State Aid Law Quarterly, Volume 20 (2021), Issue 1, Page 15 - 29

The article provides an overview of the subsidy control commitments under the TCA and considers their implications for UK subsidy control regulation. Issues considered in this context include the extent to which TCA subsidy control differs from EU State aid rules and what additional flexibilities this might offer. Consideration is also given to the remedies available to interested parties with concerns about the grant of a subsidy, the inter-Party dispute resolution mechanisms, the availability of unilateral trade defence measures, as well as the question of the different levels of harm to trade or investment for which different TCA provisions provide. The article also highlights certain areas which require further attention, including the fact that the current UK subsidy control regime is not concerned with the potentially competition distortive effects of a subsidy on the UK internal market. Separately, the article considers the question of whether the absence of a prior notification requirement has an impact on the effectiveness of the UK subsidy control system. Keywords: subsidy control; UK; TCA; level playing field; trade; Brexit

Commission and Kingdom of Spain v. Government of Gibraltar and United Kingdom  ∙ Joined cases C-106/09P and C 107/09P ∙ Annotation by Maarten Aalbers journal article

Maarten Aalbers

European State Aid Law Quarterly, Volume 16 (2017), Issue 3, Page 495 - 499

The material selectivity test resembles a non–discrimination analysis, under which the Commission can assess whether undertakings, which operate under comparable legal and factual situations, are treated unequally by general measures. The Commission has to establish whether measures confer “an advantage of general application” and if so, whether this advantage effectively results in unequal treatment. This contribution, celebrating the 15th jubilee of ESTAL, highlights the effect-based approach of the Gibraltar-judgment, as was commentated by Rossi-Maccanico (EStAL 2012/2), and places developments in case law on the notion of material selectivity in the context of this landmark judgment. Keywords: Material Selectivity; Non-Discrimination; Gibraltar Case-Law; Effect-Based Approach.

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