State Aid and EU Subsidies

State aid is a constantly developing field 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 in the EU and all countries which have also introduced legal regimes to control subsidies (including the post-Brexit UK). 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 at all levels (federal governments, regions, and 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 setting up far-reaching State aid schemes with a multi-billion Euro total budget, supportive measures based on these programmes, and on support in individual cases (e.g. rescue and restructuring aid). 

We support private businesses on their State aid strategies, e.g., in the context of the Green Deal and concerning State funded initiatives to make the economy more resilient (e.g. the EU chips act, and gas and energy supplies). We are also familiar with the specific requirements of an Important Project of Common European Interest (IPCEI). Lawyers from our 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.