The Durham Company Ltd (trading as Max Recycle)(claimant/appellant) v Durham County Council
Tuesday 18 January 2022
Appeal against the order of HHJ Keyser QC dated 25 November 2020, whereby he granted summary judgment to the respondent on the basis that the applicant had no realistic prospect of establishing an entitlement to relief in respect of its claim for breach of Article 108(3) of the Treaty on the Functioning of the European Union (`TFEU’), which requires member states to notify the European Commission of state aid before implementation of that aid.
The underlying claim alleges that the respondent granted un-notified State aid to its Commercial Waste Business in the form of a cross-subsidy from its Household Waste Business.
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