State aid and subsidy control - post Brexit

Legal Update

Subsidy Control Act 2022: economic queries

In July, the long-awaited statutory guidance on the Subsidy Control Act 2022 (Act) was published in draft form (Draft Guidance). A consultation on the draft guidance has recently ended and the results have not yet been published – it may therefore change before the final version is published.

Legal Update

Economic activity for the purposes of the Subsidy Control Act 2022

When carrying out a mix of activities it can be less clear if it is 'economic'. We look at the impact on local authorities & charities.

Opinion

The UK’s first domestic subsidy control case

We waited more than a year for it, but the wait is over – we finally have a domestic case on the new subsidy control regime.

On-Demand

Subsidy control webinar - 30 March 2022

In this on-demand session, Alex Kynoch and Angelica Hymers explore the practicalities of complying with the new Subsidy Control Bill, and the impact of illustrative guidance and policy statements recently published by the Government.

Published Article

The Subsidy Control Bill – Illustrative Guidance and Regulations – legal certainty vs flexibility

It has been a turbulent couple of years for those involved in subsidy control, and 2022 will be equally challenging. The Subsidy Control Bill (Bill) will take effect in 2022.

Legal Update

Subsidy control regime: new Bill working its way through Parliament

2022 is the year in which the UK’s new post-Brexit subsidy control regime will take effect. The new Subsidy Control Bill will form the backbone of the UK’s new subsidy control regime. The new Bill will replace the EU’s state aid rules, which applied until the end of the Brexit transition period.

Legal Update

New Year, New Subsidy Control Regime Part 2: Schemes, enforcement and transparency under the Subsidy Control Bill

In the first part of this article, we discussed the application of the Subsidy Control Principles. In part 2, we look at how Streamlined Subsidy Schemes will be used to grant certain subsidies more quickly, and at the enforcement and transparency provisions of the Bill.

Legal Update

New Year, New Subsidy Control Regime Part 1: The principles, restrictions and exemptions under the Subsidy Control Bill

The repeal of the State aid rules and their replacement by the regime stemming from the UK-EU Trade and Co-operation Agreement (TCA) in 2021 meant that practitioners and public bodies had to acclimatise to a new, more flexible but less certain approach.

Press Release

Browne Jacobson’s government & infrastructure lawyers advise on first South West based green hydrogen production project

Browne Jacobson’s specialist government and infrastructure team have advised Canford Renewable Energy Ltd on the delivery of its Dorset Green H2 facility.

Published Article

Subsidy control after Brexit - a practitioner's perspective

Back in late 2020, we waited expectantly for news of what the rules on state aid were going to be when the Brexit transition period ended on 31 December.

Legal Update

Consultation on new UK subsidy control regime

It is vitally important that public bodies make use of this opportunity to have their views heard and to shape the future of the new subsidy control regime.

Opinion

Consultation launched on the future of subsidy control law

The Department for Business, Energy & Industrial Strategy has just launched its consultation on the future of subsidy control law (previously known as state aid) in the UK.

Legal Update

New year, new-ish state aid rules: the new subsidy control regime

Until a formal subsidy regime is put in place funding bodies must grapple with the complex and challenging exercise of legal obligations from the UK-EU TCA and numerous trade agreements to grant funding.

On-Demand

State aid and subsidy control - post Brexit

Opinion

New Year, new-ish state aid rules

From 1 January 2021 the state aid principles set out in the Trade and Co-Operation Agreement are incorporated into law by the EU (Future Relationship) Act 2020.

Legal Update

State aid - De Minimis Regulation - Article 3 and 6

The case of Istituto nazionale per l’assicurazione contro gli infortuni sul lavoro (INAIL) v Zennaro Giuseppe Legnami Sas di Zennaro Mauro & C concerns the application of the De Minimis Regulation.

Legal Update

Commission decisions reinforce the position on when measures adopted by publicly owned companies will be classed as state resources for the purposes of the state aid rules

Are measures adopted by publicly owned companies state resources for the purposes of state aid rules?

Legal Update

European Commission amends the Temporary Framework and prolongs existing state aid rules

The European Commission has taken this decision due to the effects of the current crisis and after consultation with member states.

On-Demand

COVID-19 for local authorities, arms length bodies and government - 30th April 2020

An update on current issues including avoiding legal challenge to procurement decisions, public decision making, state aid and commercial and supply chain.

Legal Update

The new State aid Temporary Framework

The new State aid Temporary Framework has been adapted by the European Commission due to the disruption that the coronavirus has caused.

Legal Update

EU adopts Temporary State aid Framework in response to COVID-19

The European Commission has adopted a Temporary State Aid Framework to increase Member States’ ability to support their economies in the light of the COVID-19 pandemic. It did the same thing in 2008 as a response to the global financial crisis.