Paragraph 1 Claims before a court or tribunal relating to State aid infringement before IP completion dayI1

United Kingdom

(1)

In this paragraph, “State aid breach” means a breach or alleged breach of—

(a)

the prohibition in Article 107(1) of the TFEU; and

(b)

the obligation in Article 108(3) of the TFEU.

(2)

The cessation of the rights, powers, liabilities, obligations, restrictions, remedies and procedures provided for by regulation 3 and the revocations provided for by regulations 4, 5 and 6 do not affect the ability of any person on or after IP completion day—

(a)

to continue any existing claim (or defence to such a claim) in relation to a State aid breach which occurred before IP completion day in proceedings before a court or tribunal in the United Kingdom; or

(b)

to begin any new claim (or defence to such a claim) in relation to a State aid breach which occurred before IP completion day in proceedings before a court or tribunal in the United Kingdom which the person could have made before IP completion day.

(3)

If a person has acquired a right to begin proceedings from another person (whether by operation of law or otherwise), the reference in subparagraph (2)(b) to proceedings which a person could have made before IP completion day includes proceedings which that other person could have begun before IP completion day.

Annotations

Commencement

I1: Sch. 3 para. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)