No breach of EU Legitimate Expectation
The appellant challenged rejection of its request for judicial review of a decision to remove financial support for its creation pf renewable energy.
Held: The appal failed. Althought eth claimant would indeed be severely affected, it had taken no particular decision based upon any representation from te respondent which might have created a proper expectation. There had been no breach of European law principle of law as to forseeability, certainty of legitimate expectation.
Sir Terence Etherton MR, Lloyd Jones, Sales LJJ
[2016] EWCA Civ 1030, [2016] WLR(D) 549, [2017] QB 1221, [2016] STI 2777, [2017] STC 414, [2017] 2 CMLR 12, [2017] 2 WLR 194
Bailii, WLRD
England and Wales
Citing:
Appeal from – Drax Power Ltd and Another, Regina (on The Application of) v Hm Treasury and Others Admn 10-Feb-2016
The claimant sought to challenge the removal of the exemption for renewable source electricity from the Climate Change Levy.
Held: Review was refused. The court rejected the Respondents’ submission that EU law has no application to the RSE . .
Lists of cited by and citing cases may be incomplete.
Utilities, Customs and Excise
Updated: 31 October 2021; Ref: scu.570364