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State aid and EU subsidies

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State aid is one of the most developing fields of law. The EU and its Member States and many other governments outside the EU have introduced or are about to implement far reaching public support schemes and guidelines in the context of the Covid-19 pandemic, the Ukraine crisis and its impact on the entire economy, and the Green Deal. In fact, the ambitious goals of the Green Deal (e.g., fit for 55) and the conversion of many sectors of the economy (e.g., fuel switch) will only be reached based on a broad swathe of public funding.    

We advise both public authorities and private and state-owned companies on all aspects of the State aid rules within the EU and all countries which have also introduced legal regimes to control subsidies (including the UK post-Brexit). We help businesses to get the most out of state aid in their discussions with State authorities and represent their interests in all State aid proceedings at the EU Commission, national authorities, EU and national Courts. We provide advice to public authorities on all levels (federal governments, regions, municipalities) on their public investments (capital injections, public loans, guarantees, land sales etc.), decisions to grant individual aid and the setting up of State aid schemes and we assist them – often also in the interests of our private clients – in notifications to the European Commission. We have advised several governments in Europe on the set-up of far-reaching State aid schemes with a multi-billion Euro total budget and/or supportive measures based on these programmes and on support in individual cases (e.g., rescue and restructuring aid). 

We support private businesses concerning their State aid strategies, e.g., in the context of the Green Deal or concerning State funded initiatives to make the economy more resilient (e.g., EU chips act, gas and energy supplies). We are also familiar with the specific requirements of an Important Project of Common European Interest (IPCEI). Lawyers from ou team have market leading sector specific expertise in State aid matters in the agricultural, automotive, aviation, banking, energy, TMC and transport sectors.  

We are also very active concerning financial support granted directly by the EU and its institutions and represent our clients’ interests in negotiations with and proceedings by the European Commission and the EU Courts. 

Key Contacts

Portrait ofAnnabelle Lepièce
Annabelle Lepièce
Partner
Brussels
Portrait ofMichael Bauer
Dr. Michael Bauer
Partner
Brussels - EU Law Office
Portrait ofClaire Vannini
Claire Vannini
Partner
Paris
13/07/2023
CMS State Aid Group
World-class State aid specialists State aid is a highly technical area of EU law and has generated a wide range of evolving case law. Compliance with State aid rules is therefore an issue in any public intervention that involves State resources. State aid can indeed occur whenever a public authority or undertaking grants a selective advantage to undertakings to the detriment of others. It can distort competition and affect trade between Member States, which is harmful to consumers and undertakings in the EU. State aid issues are usually quite complex, requiring a high level of expertise, in-depth knowledge and pragmatism. CMS has a dedicated team of legal specialists to advise on State aid-related matters. Our State aid specialist lawyers take a thorough approach to legal detail and can also stand back and take a wider view to deliver the best results. Our experience covers all aspects of State aid: fiscal incentives, rescue and restructuring aid, aid for infrastructures, services of general economic interest, regional aid, RDI aid, aid for environmental, aid for energy, etc. CMS State Aid Group The CMS State Aid Practice Area Group comprises 45 State aid law specialists practicing State aid law in 20 jurisdictions being located in 23 cities in Europe and beyond – all committed to assist you. Broad Sector Experience CMS State aid specialists have particular expertise in following industry sectors:Air, maritime and rail transport sec­torsEn­ergy­Fin­an­cial ServicesPostal sec­tor­Tele­coms­Mul­ti­func­tion­al and sport in­fra­struc­ture­Man­u­fac­tur­ing Our services in State aid matters CMS lawyers represent both public authorities and private companies on all aspects of the State aid rules. This includes:Legal assessment of the existence of an aid and its compatibilitySet up of aid schemesAs­sist­ance to public authorities in the notification of State aidAssistance to public authorities or beneficiaries in State aid investigations by the European Com­mis­sion­Draft­ing and lodging complaints before the European Com­mis­sion­Lit­ig­a­tion before national and EU Courts Leading individuals CMS lawyers in many countries have shaped the State aid legal development through numerous publications, lectures and representations as well as involvement in studies on State aid for the European Commission. This in-depth know-how and experience is accessible in all CMS jurisdictions because the CMS team is used to interacting seamlessly across all the countries in which we operate.
09/02/2024
CMS Expert Guide for State Aid
State aid is a highly technical area of EU law and has generated a wide range of evolving case law. Compliance with State aid rules is therefore an issue in any public intervention that involves State resources. State aid issues are usually quite com

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09/02/2024
CMS Expert Guide for State Aid
State aid is a highly technical area of EU law and has generated a wide range of evolving case law. Compliance with State aid rules is therefore an issue in any public intervention that involves State...
13/07/2023
CMS State Aid Group
World-class State aid specialists State aid is a highly technical area of EU law and has generated a wide range of evolving case law. Compliance with State aid rules is therefore an issue in any public intervention that involves State resources. State aid can indeed occur whenever a public authority or undertaking grants a selective advantage to undertakings to the detriment of others. It can distort competition and affect trade between Member States, which is harmful to consumers and undertakings in the EU. State aid issues are usually quite complex, requiring a high level of expertise, in-depth knowledge and pragmatism. CMS has a dedicated team of legal specialists to advise on State aid-related matters. Our State aid specialist lawyers take a thorough approach to legal detail and can also stand back and take a wider view to deliver the best results. Our experience covers all aspects of State aid: fiscal incentives, rescue and restructuring aid, aid for infrastructures, services of general economic interest, regional aid, RDI aid, aid for environmental, aid for energy, etc. CMS State Aid Group The CMS State Aid Practice Area Group comprises 45 State aid law specialists practicing State aid law in 20 jurisdictions being located in 23 cities in Europe and beyond – all committed to assist you. Broad Sector Experience CMS State aid specialists have particular expertise in following industry sectors:Air, maritime and rail transport sec­torsEn­ergy­Fin­an­cial ServicesPostal sec­tor­Tele­coms­Mul­ti­func­tion­al and sport in­fra­struc­ture­Man­u­fac­tur­ing Our services in State aid matters CMS lawyers represent both public authorities and private companies on all aspects of the State aid rules. This includes:Legal assessment of the existence of an aid and its compatibilitySet up of aid schemesAs­sist­ance to public authorities in the notification of State aidAssistance to public authorities or beneficiaries in State aid investigations by the European Com­mis­sion­Draft­ing and lodging complaints before the European Com­mis­sion­Lit­ig­a­tion before national and EU Courts Leading individuals CMS lawyers in many countries have shaped the State aid legal development through numerous publications, lectures and representations as well as involvement in studies on State aid for the European Commission. This in-depth know-how and experience is accessible in all CMS jurisdictions because the CMS team is used to interacting seamlessly across all the countries in which we operate.
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