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Subsidies - Level Playing Field

Saturday 16 January 2021

Can a private EU economic operator challenge an illegal subsidy granted by the United Kingdom authorities?

Any "interested party" (defined as any natural or legal person), economic agent or association of economic agents whose interests may be affected by the granting of a subsidy) may challenge the decision to grant a subsidy before any national competent authority. Courts will be empowered to order beneficiaries to return the subsidy if they consider that this it does not comply with the commitments taken on.

In the United Kingdom, "interested parties", such as competitors that are considering the possibility of applying for a review by a British court of a decision on a subsidy, will also be entitled to request more information that allows them to assess the application of the principles of mandatory compliance by the grantor British authority and decide whether to challenge this subsidy before the courts.

Non official translation


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