Subsidy Control

News about the UK Subsidy Control regime, including subsidies being reviewed by the CMA, challenged or published on the national transparency database.

[Alexander Rose @AlexanderPHRose]

Durham County Council defeat Subsidy Control challenge against proposed funding of a new Stack complex and a hotel development.

https://t.co/0XtEPf1pXz

[Subsidy Control @SubsidyControl]

The biggest news story in Subsidy Control looks set to have another chapter.

Whilst this will clarify important legal concepts it will create uncertainty for many large projects across the country, including airports.

[Alexander Rose @AlexanderPHRose]

Bristol Airport has filed an action to have its Subsidy Control challenge against the £205.2m grant awarded by the Welsh Government to Cardiff International Airport heard in the Court of Appeal.

Ward Hadaway’s article on this subject can be read at.

https://t.co/yOGox0gayu

[Subsidy Control @SubsidyControl]

@AlexanderPHRose We’re going to see a lot more articles on this subject in the coming weeks.

Expect the press to also flag the EU angle…

https://t.co/FWypxx1VmD

[Alexander Rose @AlexanderPHRose]

We are going to see lots of articles about the effectiveness of the Subsidy Control regime in the coming weeks and months.

This is because:

1) the CMA is about to publish a report on this subject; and

2) the regime is not very effective.

A 🧵….

https://t.co/93HmAUfijz

[Alexander Rose @AlexanderPHRose]

What can Parliament do to reform the UK’s Subsidy Control regime to make it more effective?

https://t.co/Aap4eolPFS

[Alexander Rose @AlexanderPHRose]

The Welsh Government has won its Subsidy Control case against Bristol Airport, which had challenged whether a £205m grant to Cardiff International Airport was compliant with the Subsidy Control Act 2022.

A short 🧵 setting out my views on this case…

1/6

[Alexander Rose @AlexanderPHRose]

The biggest Subsidy Control case so far is being heard - the Welsh government is reported to have spent over £2m so far defending a decision it has made to award £205m to Cardiff Airport.

Bristol Airport claims the award breaches the Subsidy Control Act 2022.

A short 🧵 …..

[Alexander Rose @AlexanderPHRose]

Does the recent Zenobē case prove the enforcement regime in Subsidy Control law is working well?

Here’s my article on the subject published in Local Government Lawyer on Friday.

https://t.co/65FNiNcM2g

[Paul Sweeney MSP @PaulJSweeney]

It is scandalous that the Scottish Government has shortlisted four Turkish and Chinese shipbuilding firms for two lifeline Northern Isles ferries when it can and should be awarded to a UK shipyard.

Rerun this as a UK-only competition under Section 45 of the Subsidy Control Act.

[Subsidy Control @SubsidyControl]

Ward Hadaway recruits Alexander Rose, one of the UK’s leading Subsidy Control lawyers in drive to become the first choice public sector law firm.

https://t.co/t21p5uFA7f

[Alexander Rose @AlexanderPHRose]

What makes the Harland & Wolff rescue deal so difficult is that it’ll set a post Brexit legal precedent.

State aid law will apply under the NI Protocol, but so might the EU Foreign Subsidies Regulation & possibly Subsidy Control law (as shipyards outside NI will be safeguarded).

[Alexander Rose @AlexanderPHRose]

A short 🧵 about the Subsidy Control case of Weis v Greater Manchester Combined Authority…

1) the case is a challenge by a developer (Weis) against loans which a GMCA backed fund plans to make to two development companies within the Renaker Group.

[Alexander Rose @AlexanderPHRose]

Apologies to Wilkinson Sword for adapting their (very good) advert…

[Alexander Rose @AlexanderPHRose]

I’m looking forward to the White Paper Subsidy Control conference at the Caledonian Club tomorrow.

I’m excited to speak about Streamlined Routes, but most of all, I’m looking forward to catching up with many friends who work in this area of law.

@White_Paper_Co #SubsidyControl

[Alexander Rose @AlexanderPHRose]

Do you remember Brexiteers promising
EU regional regeneration funding wouldn’t be lost if the UK left the EU?

That promise is about to be broken.

First the replacement fund, UKSPF, was smaller than the EU funds.

Now Conservatives will scrap UKSPF to
pay for national service.

[Alexander Rose @AlexanderPHRose]

Few businesses receiving public funding in the UK have woken up to the potential risk which comes from the EU Foreign Subsidies Regime.

This case, which follows the first dawn raids, will shed light on how the law will be interpreted in future.

https://t.co/8oXxCVkKHV #FSR

[Alexander Rose @AlexanderPHRose]

A short 🧵 on why compliance with Subsidy Control law and the previous EU State aid regime matters.

In short, an unlawful subsidy can be reversed, with the beneficiary required to pay the value of unlawful subsidy with interest back to the public body.

1/4

[Financial Times @FT]

Europe’s new anti-subsidy weapon is powerful but hard to control https://t.co/34CIc55HRA

[Alexander Rose @AlexanderPHRose]

@DaleVince I’m really pleased to see @DaleVince refer the Subsidy Control Act 2022, because this legislation ought to be changed so it makes public authorities consider the environmental impact of subsidies.

Such an amendment was narrowly defeated in 2022 (see below).

[Alexander Rose @AlexanderPHRose]

I hope this report by @FlintGlobal kickstarts a discussion about whether the UK’s Subsidy Control regime is working well.

Some aspects of the UK regime are good - it’s more flexible and big projects avoid the delay of notification.

However….

1/3