Author Archives: Kelyn Bacon

AG opinion in Hinkley Point C state aid challenge

Posted on May 28, 2020 by Kelyn Bacon

Thanks to Tim Johnston, Brick Court Chambers for sending in this comment on the AG opinion in Case C-594/18 P On 7 May 2020 Advocate General Hogan handed down his Opinion in Case C-594/18 P, Austria’s challenge to the European … Continue reading →

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Covid-19 State aid measures

Posted on May 23, 2020 by Kelyn Bacon

For those of you interested in Covid-19 State aid measures, Oxera has recently published two articles on the subject, with practical guidance. These are available here: https://www.oxera.com/wp-content/uploads/2020/04/Oxera-COVID19-1.pdf https://www.oxera.com/wp-content/uploads/2020/05/Practical-guidance-on-the-new-State-aid-rules-on-public-recapitalisations-1.pdf

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Covid-19 state aid temporary framework

Posted on March 20, 2020 by Kelyn Bacon

Hot off the press, here is yesterday’s temporary state aid framework adopted by the Commission: https://ec.europa.eu/competition/state_aid/what_is_new/sa_covid19_temporary-framework.pdf  

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UK subsidy control after Brexit: reading list

Posted on March 1, 2020 by Kelyn Bacon

We are looking forward to seeing many UKSALA members at the seminar on Wednesday hosted by Shearman and Sterling, on the subject of UK subsidy control after Brexit (details here). The event is now full but there is a waiting … Continue reading →

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Supreme Court permits enforcement of Micula brothers’ ICSID award

Posted on February 20, 2020 by Kelyn Bacon

Yesterday the Supreme Court gave judgment in Micula v Romania, lifting a stay on the enforcement of an ICSID (International Convention for the Settlement of Investment Disputes) arbitral award. In doing so it rejected the argument that EU law requires enforcement to be stayed in circumstances where there are live proceedings in the European Court to determine whether payment of the award would constitute unlawful State aid and disagreed with both Blair J at first instance and the Court of Appeal.  Continue reading →

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House of Commons updated briefing report on EU State aid rules and WTO subsidies rules

Posted on June 22, 2019 by Kelyn Bacon

The House of Commons has just published an updated briefing report explaining the differences between the EU State aid rules and the WTO subsidies rules, and describing the current proposals for the post-Brexit State aid regime. It is a helpful … Continue reading →

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Latest developments in the Micula saga

Posted on June 21, 2019 by Kelyn Bacon

The Supreme Court was due to hear this week appeals from the judgment of the Court of Appeal in Micula v Romania.  This dispute centres on the clash between an international investment arbitration award (rendered under the ICSID Convention), and … Continue reading →

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Study on State aid and the use of cooperation tools

Posted on February 1, 2019 by Kelyn Bacon

As some of you may be aware, a study is in hand on State aid and the use of judicial cooperation tools. The survey response is going well. Arranging phone interviews with judges who have experience of State aid cases has, however, … Continue reading →

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House of Commons briefing paper on EU State and WTO subsidies

Posted on December 14, 2018 by Kelyn Bacon

For those of you who didn’t catch this earlier, here is a link to the House of Commons briefing paper 06775 of 7 November 2018 on the EU State Aid Rules and WTO Subsidies Agreement, which also includes a discussion … Continue reading →

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State-aid handcuffs in Brexit backstop?

Posted on December 8, 2018 by Kelyn Bacon

Lewis Crofts and Matthew Holehouse from MLex have written an interesting article about the State aid provisions in the Brexit backstop, which can be read here: MLex_Content For further discussion on this hot topic of State aid after Brexit, we hope … Continue reading →

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