Mr Justice Foxton has today dismissed the first judicial review challenge to measures adopted by the UK Government under the new, post-Brexit, UK General Tariff regime.
British Sugar sought to challenge a decision to introduce a zero-duty autonomous tariff quota of 260,000 metric tonnes of raw cane sugar for refining. It alleged that the quota breached EU State aid law, as applied under the Northern Ireland Protocol; and amounted to a subsidy prohibited by the EU/UK Trade and Cooperation Agreement. The Judge dismissed both grounds, finding that the quota did not constitute unlawful State aid and was not a subsidy. The decision may, however, be of wider interest for the Judge’s conclusion that a UK tariff measure could in principle fall within the Northern Ireland Protocol and thus be subject to EU State aid law.
Tristan Jones acted for the Claimant, British Sugar Plc and Kieron Beal QC acted for the Interested Party, T&L Sugars Ltd.
A copy of the judgment is available here.