The Tribunal dismissed the applications of Zenobē for review under s. 70 of the Subsidy Control Act ("SCA").
In making that decision, the Tribunal had found that the publication in September 2025 of the documents impugned by Zenobē (the "September Publications") did not constitute a subsidy decision within the meaning of the SCA. Accordingly, the Tribunal had found that it did not have jurisdiction to review the impugned decision regarding the September Publications. The Tribunal had further found that the adoption of the documents published in September 2025 in February 2026 (the "Adoption") also did not constitute a subsidy decision within the meaning of the SCA, and the Tribunal also did not have jurisdiction to review that decision.
Although it was not necessary for the Tribunal to go on and do so, the Tribunal had also found that the Adoption was properly taken pursuant to s. 10P of the Electricity Act 1989 (as in force at that time), and that the Adoption superseded the September Publications. The Tribunal had therefore found that it had no jurisdiction to review the Adoption because of the operation of s. 78 and Schedule 3 of the SCA.
