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UK Subsidy Control Regime: journal article

Taking Stock of Initial Trends After One Year

Cormac O’Daly, Édouard Bruc, Su Şimşek

European State Aid Law Quarterly, Volume 23 (2024), Issue 2, Page 115 - 124

Since the enactment of the UK’s Subsidy Control Act, its public authorities, the CMA’s Subsidy Advice Unit, and its courts have had to grapple with both the theoretical and practical implications of complying with and enforcing the Act. This article discusses these actors’ different roles. It examines how the reporting function of the Subsidy Advice Unit differs from the role of the European Commission; the Competition Appeal Tribunal’s judgment in the Durham Waste Management case on the first application for review of a subsidy decision under the Act; and the evidentiary burden imposed on public authorities. The article also provides insights into the four steps underpinning the assessment of a subsidy, drawing upon the 22 reports published by the Subsidy Advice Unit in the first year of the Act coming into effect. Finally, this article concludes by reflecting on these developments and the future of UK subsidy control. Keywords: Subsidy Control Act; Durham Waste Management; Subsidy Advice Unit; UK.

Environmental Protection: Contributions Channeled by Eco-Body Should not Involve the Transfer of State Resources · Case C-556/19 ECO TLC · Annotation by Sylvain Petit journal article

Annotation on the Judgment of the Court of Justice of the European Union (First Chamber) of 21 October 2020 in Case C-556/19 ECO TLC contre Ministre d’État, ministre de la Transition écologique et solidaire, Ministre de l’Économie et des Finances

Sylvain Petit

European State Aid Law Quarterly, Volume 20 (2021), Issue 1, Page 139 - 143

On 21 October 2020, the Court of Justice of the European Union (CJEU) handed down a preliminary ruling on the notion of ‘State resources’ regarding the French increased responsibility scheme for producers of waste from textile products, household linen and footwear products (TLC products). The CJEU ruled that a system set up by the State whereby producers of TLC products pay financial contributions to an eco-body which then enters into an agreement with sorting operators and provide them financial support for the recycling and treatment operations of the waste, may not constitute an intervention through State resources. This ruling emphasizes that the notion of ‘public control’ lies in the details: a range of circumstantial evidences is required to determine the extent of the public oversight over the funds channelled between private operators.

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