The claimant, producer of a novel form of solar power production, complained thet the defendant’s scheme to support solar power production was unlawful under European law in that it refused support to the claimant’s products.
Held: The claim failed. The MCS has to strike a balance on the one hand between the application of its standards and methodology in support of consumer confidence, and on the other avoiding the risk of discouraging innovation and competition. This is not a straightforward task, and I do not think that the evidence supports a valid criticism at the present time. If it did, the position may well in my view be different. In the result, the claimant has not made good its
Judges:
Blair J
Citations:
[2013] EWHC 3026 (Admin)
Links:
Jurisdiction:
England and Wales
Utilities, European
Updated: 21 July 2022; Ref: scu.516357