State aid and EU subsidies

State aid is a constantly developing field of law. The EU and its Member States, as well as governments across the globe have introduced or are about to implement far-reaching public support measures 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 array of public funding. Romania in particular benefits from significant EU funding, e.g. through the Modernisation Fund and the Recovery and Resilience Facility, which it aims to use on public support schemes and projects in a wide range of sectors, from energy, green and digital transition, road rehabilitation to education, research and innovation. 

We advise both public authorities and private and state-owned companies on all aspects of State aid rules in 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 at all levels (government, regions and municipalities) on their public investments (capital injections, public loans, guarantees, land sales, financing measures through contracts for difference, as well as tax and levies etc), and decisions to grant individual aid and the setting up of State aid schemes. We also assist them - often also in the interests of our private clients - in notifications to the European Commission. We have advised the government of Romania on the setting up of far-reaching State aid schemes with a multi-million Euro total budget and 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 and concerning State funded initiatives to make the economy more resilient (the EU chips act, gas and energy supplies). We are also familiar with the specific requirements of Important Projects 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 also advise international financial institutions (such as the European Bank for Reconstruction and Development (EBRD), the Council of Europe Development Bank (CEB)) on related State aid aspects for financing measures intended for the public authorities in Romania. 

Members of the CMS competition group 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.