When the European Court of Justice set aside GB’s Capacity Market (CM) in November saying it was illegal state aid, it took the industry entirely by surprise. Even those who were aware that the hearing had taken place, back in summer 2017, had expected that if the challenge were upheld, the outcome would simply be changes to the market structure. The court case did not get a mention in forward-looking industry updates – unlike other challenges such as the removal of embedded benefits, which was the subject of repeated warnings from Ofgem and National Grid.