The UK High Court issues a first judgment on the application of State rules under the Northern Ireland Protocol and the new UK subsidy control regime

On 24 February 2022, the UK High Court issued the first judgment on the interpretation of EU State aid rules under the Northern Ireland Protocol and the new UK subsidies regime (the "Judgment"). Key takeaways After Brexit, UK measures (including tariff measures) can still be subject to EU State aid rules under the Northern Ireland Protocol if they have an effect on trade between Northern Ireland and the EU. According to the High Court, this requires to show a "genuine and direct effect" on trade. A finding of State aid requires to show that a (tariff) measure is "selective". Similarly, for