Regulation 8
SCHEDULE 3Transitional and savings provisions
Claims before a court or tribunal relating to State aid infringement before IP completion day
1.—(1) In this paragraph, “State aid breach” means a breach or alleged breach of—
(a)the prohibition in Article 107(1) of the TFEU; and
(b)the obligation in Article 108(3) of the TFEU.
(2) The cessation of the rights, powers, liabilities, obligations, restrictions, remedies and procedures provided for by regulation 3 and the revocations provided for by regulations 4, 5 and 6 do not affect the ability of any person on or after IP completion day—
(a)to continue any existing claim (or defence to such a claim) in relation to a State aid breach which occurred before IP completion day in proceedings before a court or tribunal in the United Kingdom; or
(b)to begin any new claim (or defence to such a claim) in relation to a State aid breach which occurred before IP completion day in proceedings before a court or tribunal in the United Kingdom which the person could have made before IP completion day.
(3) If a person has acquired a right to begin proceedings from another person (whether by operation of law or otherwise), the reference in subparagraph (2)(b) to proceedings which a person could have made before IP completion day includes proceedings which that other person could have begun before IP completion day.