The Durham Company Ltd (t/a Max Recycle) v Durham County Council

The Durham Company Ltd (t/a Max Recycle) v Durham County Council

The claim for damages failed because TDC had no real prospect of establishing a sufficiently serious breach of EU law by the Council, as required by the Francovich/Factortame conditions. The claim for declaratory and injunctive relief was dismissed as academic and inappropriate, given the imminent cessation of EU State aid rules and the absence of a viable damages claim.

Parties
Claimant: The Durham Company Limited (trading as Max Recycle); Defendant: Durham County Council
Jurisdiction
England and Wales
Judgment Date
25 November 2020
Procedural Posture
Civil (competition/state Aid) / Summary Judgment/strike Out Application
Outcome
Claim dismissed; summary judgment for the defendant.
Legal Topics
State Aid, Breach of Statutory Duty, Summary Judgment, Francovich Damages, Environmental Protection Act 1990, Declaratory and Injunctive Relief
Competition Law European Union Law Administrative Law State Aid Breach of Statutory Duty Summary Judgment Francovich Damages Environmental Protection Act 1990 +1 more

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Parties

The Durham Company Limited (trading as Max Recycle)

Claimant

Durham County Council

Defendant

Procedural Posture

Civil (competition/state Aid) / Summary Judgment/strike Out Application

Legal Issues

  1. 1 Whether the Council's provision of commercial waste collection services constitutes unlawful State aid under Article 107(1) TFEU
  2. 2 Whether the Claimant has a real prospect of establishing a right to damages for breach of Article 108(3) TFEU
  3. 3 Whether declaratory or injunctive relief is available or appropriate

Ratio Decidendi

The claim for damages failed because TDC had no real prospect of establishing a sufficiently serious breach of EU law by the Council, as required by the Francovich/Factortame conditions. The claim for declaratory and injunctive relief was dismissed as academic and inappropriate, given the imminent cessation of EU State aid rules and the absence of a viable damages claim.

Court Disposition

Claim dismissed; summary judgment for the defendant.

Orders

  • Summary judgment for Durham County Council.
  • All claims by The Durham Company Limited dismissed.