Court of Appeal
Rex (British Gas Trading Ltd and others) v Secretary of State for Energy Security and Net Zero (formerly Business, Energy and Industrial Strategy)
[2025] EWCA Civ 209
2025 Jan 21, 22, 23;
March 5
Underhill, Dingemans, Zacaroli LJJ
European UnionFree competitionState aidSecretary of State giving funding to energy supply company in administration and agreeing to transfer of businessRetail energy sector companies seeking judicial review of decisions Divisional Court dismissing application for delay but concluding decisions met subsidy control requirementsWhether standard of review required involving proportionality or whether limited to domestic principles of judicial review European Union (Future Relationship) Act 2020 (c 29), s 29 Trade and Co-operation Agreement between the European Union and the European Atomic Energy Community and the United Kingdom of Great Britain and Northern Ireland, arts 4, 363, 366, 372

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