27 May 2016
R (on the application of Sky Blue Sports and Leisure Ltd and another) v Coventry City Council and others [2016] EWCA Civ 453, [2016] All ER (D) 120 (May)
The Court of Appeal dismissed the claimants’ appeal against rejection of their judicial review challenge. The court agreed with the judge, for the reasons that he had given, that there had been no state aid in circumstances where the defendant local authority had made a loan to a company of which was an indirect shareholder. It could not be said that the loan extended by the authority would not have been entered into, on the terms in fact agreed, by any rational private market economic operator in the circumstances of the case.
