State aid advice
- We advised an industrial producer and represented it in negotiations involving lowering of the result indicators due to the Covid-19 pandemic, with the aim of maintaining the full amount of state aid.
- We advised and represented a client in proceedings seeking to hold a management board member liable for violating state aid regulations.
- We supported a manufacturer of innovative products for research in the natural sciences and clinical diagnostics in negotiations aimed at retaining the full amount of state aid despite a change in the client’s ownership structure.
- We represented a manufacturer of medical equipment in negotiations involving closing of a project (without achieving the expected result indicators) while retaining all of the aid received.
- We advised a producer of complete solutions for heat treatment of metals with respect to tax relief and exemptions (R&D relief) and investment incentives (identifying and structuring instruments to maximise the benefits, implementation and accounting). We also obtained a tax interpretation on determination of the period for deducting eligible expenses incurred on R&D and performance of funding contracts, particularly with the National Centre for Research and Development and the Polish Agency for Enterprise Development.
- We advised a Polish subsidiary of the world’s largest supplier of cylinders and systems for alternative fuels in connection with implementation of a project cofinanced from Polish public funds for converting gasoline-powered automobiles to electric. Our support included representing the client before the financing institution, drafting contracts with subcontractors, assistance in project accounting, etc.
- We supported a global group investing in Poland in innovative shared services centres in matters relating to state aid received by the investor.
- We advised a mining company in connection with a planned restructuring, including assessment of the risk of occurrence of unlawful state aid, and conducting a private-investor test.
- We prepared a legal opinion for an investment bank on interpretation and application of EU law regarding the consequences of receipt of assistance from the state by a hospital conducting commercial activity, benefitting from loan guarantees, capital contributions, and obtaining access to a public domain at a preferential price.
- We advised a state aid beneficiary in the process of prenotification and notification of aid involving cofinancing of an investment from EU funds. We prepared the optimal scheme for the notification process, the timing of notifications reflecting guidelines agreed with the contracting authority, designating milestones, the strategy for dealings with the Polish administrative authorities and the European Commission, as well as a detailed schedule of actions to be taken during the course of the notification process.
- We advised a state aid beneficiary in the process of prenotification and notification of an aid package for a new investment in manufacturing elements for powering motor vehicles.
- We advised on the procedure of filing a complaint with the European Commission against unlawful state aid awarded to a competitor in the transportation sector.
- We have provided ongoing support for projects cofinanced from EU funds, implemented by a manufacturer of parts for the automotive sector.
- We advised on obtaining state aid for implementing a new investment in recycling, with particular attention to the permissibility of the aid in terms of the incentive effect.