“…in 2018, Max Recycle brought a claim against the Council in 2020 alleging a ‘Francovich’ breach of EU state aid law. The claim failed in the Chancery Division ([2020] EWHC 3200 (Ch)) and in the Court of Appeal ([2022] EWCA Civ 66), in consequence of which Max Recycle was ordered to pay the Council’s substantial costs. Neither the judgment …”
“…aim for breach of Article 108(3) of the Treaty on the Functioning of the European Union (“TFEU”) for the reasons given in the judge’s judgment of the same date [2020] EWHC 3200 (Ch). TDC originally claimed (i) a declaration, (ii) an injunction and (iii) damages. There is no challenge by TDC to the judge’s dismissal of the claim for an inju…”