The England & Wales High Court affirms proportionality as the standard of review for examining substantive subsidy decisions under the new subsidy control regime (Bulb)

As erstwhile State aid lawyers will know, under the UK’s new subsidy control regime, interested parties can challenge subsidy decisions in the CAT, which will apply the same principles applied by the High Court in a judicial review. But what standard of review will the CAT adopt when examining a substantive subsidy decision? The recent decision of the Divisional Court in the Bulb case (https://www.bailii.org/ew/cases/EWHC/Admin/2023/737.html) suggests that the answer is proportionality (rather than rationality) – but that the proportionality review may be so light touch as not to add much to the traditional ground. Bulb was the