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What is 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 complex, requiring a high level of expertise, in-depth knowledge and pragmatism.

CMS Lawyers: World-class State aid specialists

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
•    de-minimis etc. 

State aid Law: Our Services

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 compatibility 
•    Privatisations 
•    Carrying out bidding procedures in line with the Notice on the Notion of Aid
•    Set up of aid schemes 
•    Assistance to public authorities in the notification of State aid 
•    Assistance to public authorities or beneficiaries in State aid investigations by the European Commission drafting and lodging complaints before the European Commission 
•    Litigation before national and EU Courts 

The CMS State aid team in Austria has particular expertise in following industry sectors: 

•    Rail transport sector 
•    Energy 
•    Financial Services 
•    Postal sector 
•    Telecoms 
•    Infrastructure & Projects
•    Life Sciences & Healthcare
•    Culture

Well advised with CMS - nationally and internationally

The CMS State aid Group comprises 40 State aid law specialists practicing State aid law in 17 jurisdictions being located in 20 cities in Europe and beyond – all committed to assist you. 

Find your local contact person in our brochure CMS State aid Group.

22/05/2020
CMS State Aid Group
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...

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13/05/2021
EU state aid law and rules in Aus­tria dur­ing Cov­id-19
  In­tro­duc­tion Aus­tria has ad­op­ted state aid meas­ures up to EUR 38 bil­lion cov­er­ing aid to vari­ous in­dus­tries suf­fer­ing from the corona out­break. In ad­di­tion to the be­fore men­tioned sup­port­ing meas­ures...
16/09/2020
Green hy­dro­gen costs fall, but not quite enough
The cost of elec­tro­lys­ers have fallen sharply over the last dec­ade, but power-to-gas tech­no­lo­gies will not be com­pet­it­ive with fossil-based hy­dro­gen be­fore 2030, pan­el­ists claimed in a we­bin­ar hos­ted...
12/05/2020
We­bin­ar I: Fund­ing in the con­text of the COV­ID-19 Pan­dem­ic
The COV­ID-19 pan­dem­ic is hav­ing a ser­i­ous im­pact on the eco­nomy. In or­der to cush­ion the eco­nom­ic con­sequences, the Fed­er­al Gov­ern­ment has set up sev­er­al sup­port pro­grammes for com­pan­ies op­er­at­ing in...
30/03/2020
Se­cur­ing your com­pany's li­quid­ity
The COV­ID-19 pan­dem­ic is lead­ing to drastic leg­al and eco­nom­ic re­stric­tions world­wide. In Aus­tria too, com­pan­ies are con­fron­ted with forced plant clos­ures and delays (up to al­most com­plete stand­still)...
27/02/2020
Prac­tic­al In­ter­faces between EU State Aid Law and Pub­lic Pro­cure­ment Law...
Privat­iz­a­tions and PPP pro­jects are es­sen­tial parts of state aid law, each of which is also closely re­lated to the prin­ciples and stand­ards of pub­lic pro­cure­ment law. For each type of pro­ject, it is ne­ces­sary...
27/02/2020
Prac­tic­al In­ter­faces Between EU State Aid Law and Pub­lic Pro­cure­ment Law...
Award­ing con­tracts for provid­ing ser­vices in the gen­er­al eco­nom­ic in­terest in­volves both pub­lic pro­cure­ment law and state aid law. For this reas­on, it is ne­ces­sary to ex­am­ine which types of pro­ced­ure...
28/11/2019
State aid ex­pert Mar­lene Wim­mer-Nistel­ber­ger is now work­ing as an at­tor­ney-at-law...
Mar­lene Wim­mer-Nistel­ber­ger has spent much of her leg­al ca­reer over re­cent years mod­ern­ising and in­nov­at­ing European state aid law, hav­ing also spe­cial­ised in this area as a train­ee law­yer. As a long-stand­ing...