When the £650m loan awarded to British Energy was disputed by Greenpeace and Ecotricity, it highlighted the crossover between judicial review in the High Court and the European Courts. Julian Gregory reports on this division of labour
The British Energy (BE) rescue aid case is an interesting example of the crossover between judicial review in the High Court and judicial review in the European Courts in Luxembourg. This is because the granting of state aid usually generates two decisions: firstly, the decision of the domestic public sector body to grant aid and secondly, the European Commission’s (EC’s) decision granting or refusing approval of the state aid.
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