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State Aid


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.

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May 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 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, and the like.In the con­text of the COV­ID-19 out­break, we as­sist pub­lic au­thor­it­ies in set­ting up aid schemes and no­ti­fy­ing them to the European Com­mis­sion and we ad­vise pub­lic and private com­pan­ies on ob­tain­ing pub­lic sup­port and re­struc­tur­ing their activ­it­ies.


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Se­cur­ing your com­pany's li­quid­ity
The COV­ID-19 pan­dem­ic is lead­ing to leg­al and eco­nom­ic re­stric­tions world­wide. Turnover col­lapses, costs re­main. Read here!
08 April 2020
CMS Ex­pert Guide to state aid in the EU dur­ing coronavir­us crisis
Any busi­ness in the world could be af­fected by the coronavir­us (COV­ID-19) pan­dem­ic. For many, ur­gent meas­ures need to be taken to avoid ser­i­ous fin­an­cial con­sequences as a res­ult of these chal­len­ging and un­pre­ced­en­ted times. Against this back­drop, gov­ern­ments are in­tro­du­cing new meas­ures to provide dir­ect fin­an­cial and non-fin­an­cial sup­port to busi­nesses of all sizes. Any such meas­ures need to com­ply with EU State Aid law and many will re­quire ap­prov­al by the EU Com­mis­sion.
State aid ex­pert Mar­lene Wim­mer-Nistel­ber­ger is now work­ing as an at­tor­ney-at-law...
Aid ex­pert Mar­lene Wim­mer-Nistel­ber­ger is now work­ing as a law­yer for CMS. Read more about Mar­lene Wim­mer-Nistel­ber­ger here!