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State Aid


We have a great deal of experience in advising both providers and receivers of state aid, including provinces, municipalities, water authorities, housing corporations, project developers and other enterprises that receive support. State aid involves not only subsidies, but also loans, tax exemptions, guarantees, property transactions, land allocation, PPP, government participation in enterprises, support for sustainable projects or other financial arrangements with enterprises.
Due to the complex character of this branch of law, which is regulated entirely by the EU, practical tailor-made advice is vital. Acting contrary to regulations with regard to state aid involves considerable risks, including the likelihood of an enterprise having to repay financial support (with interest) and all agreements made within a project having to be reversed. What’s more, supervision of compliance with state aid law by the authorities in Brussels is becoming very strict. And competitors of enterprises receiving support are increasingly turning to the courts. 
Our services include:

  • advising on the structuring of projects or government measures in such a way that they are in line with state aid law;  
  • assisting in the case of legal disputes regarding state aid;
  • support when notifying the European Commission of state aid;
  • assisting in the case of a European Commission investigation into possible prohibited state aid.
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July 2019
CMS Com­pet­i­tion & EU Glob­al Bro­chure
The CMS Com­pet­i­tion & EU Group is one of the largest com­pet­i­tion teams in Europe and of­fers you the most wide­spread pan-European cov­er­age. With more than 180 com­pet­i­tion law­yers based in 34 coun­tries, our com­pet­i­tion prac­tice is a one-stop solu­tion for cli­ents across Europe and bey­ond through our strong and grow­ing teams in China, Lat­in Amer­ica and Africa. Today’s CMS law­yers are con­tinu­ing a suc­cess­ful track re­cord of more than 50 years’ ex­per­i­ence, cov­er­ing hun­dreds of com­pet­i­tion law cases in­clud­ing many land­mark cases by the EU and na­tion­al courts and com­pet­i­tion au­thor­it­ies.
Guide to the EU pub­lic pro­cure­ment rules
This Guide provides an over­view of the EU pub­lic pro­cure­ment rules. These are the set of EU rules that re­quire the ad­vert­ising and com­pet­it­ive ten­der­ing of con­tracts for works, goods or ser­vices by pub­lic sec­tor bod­ies and cer­tain util­it­ies op­er­at­ing in the wa­ter, en­ergy, trans­port and postal ser­vices sec­tors.If you would like any fur­ther in­form­a­tion on the rules as they ap­ply in a par­tic­u­lar jur­is­dic­tion please con­tact the rel­ev­ant mem­ber of the team us­ing the Key Con­tact list at the back of the Guide or the Pub­lic Pro­cure­ment Con­tact Card.On our web­site you will also find our e-guide cov­er­ing in­di­vidu­al jur­is­dic­tions. These e-guide de­tail how the EU Dir­ect­ives have been trans­posed in­to the na­tion­al laws of the in­di­vidu­al Mem­ber States.


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September 2019
CMS Com­pet­i­tion Con­tact Card
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.
June 2018
Mul­tijur­is­dic­tion­al mer­ger con­trol fil­ings – a joined-up ap­proach
An­nu­al Re­view 2017-2018
CMS as­sists Province of Utrecht with in­cor­por­at­ing Ontwikkelijks­maatschap­pij...
CMS ad­vises AM and Roch­dale on the sale of the Banne Binnen shop­ping centre