Services – State Aid & EU Funds

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Multidisciplinary approach

The use of state aid requires a broad, multidisciplinary approach and engagement of experts from more than one area of law. Our interdisciplinary state aid group provides our clients thorough legal and tax advice as well as support at every stage and in all aspects of benefitting from financial support from public sources.

We advise on proper use of state aid once it is received. We support clients during oversight proceedings, involving submission of clarifications, objections to post-audit recommendations, and the beneficiary’s position on irregularities or violations found in the audit.

We have extensive experience seeking solutions where there is a risk of having to refund state aid. We represent clients in negotiations with the public authorities, prepare appeals against decisions ordering refund of aid, and pursue complaints before the province administrative courts and cassation appeals with the Supreme Administrative Court.

Depending on the client’s needs, in state aid matters we ensure support from experienced lawyers in the areas of tax, M&A, infrastructure projects, energy, dispute resolution, intellectual property, competition, banking and project finance, and corporate law.

We offer advice in transactions, including greenfield projects, particularly in assessing the impact of the transaction on maintaining or losing the status of an economic operator, the ability to obtain or continue receiving state aid in compliance with the funding agreement, and in estimating the risk of having to refund aid as a result of a merger or acquisition.

In the event of changes in the ownership structure of beneficiaries, we advise on solutions reflecting the limitations arising from project durability requirements, which if violated could result in loss or recovery of state aid.

We also support clients in financing of public infrastructure and services in the general economic interest, including under the solidarity principle.

We are involved in preparing legal opinions and drafts of legislation governing state aid. We support public and private partners in negotiating and concluding agreements for granting state aid. We have experience in such sectors as energy, financial services, publishing, healthcare, pharmaceuticals, paper, chemicals, automotive, postal, and municipal infrastructure.

We advise businesses on all available support instruments, whether non-repayable (such as grants from EU funds) or repayable (loans and loan guarantees). We support clients at the stage of applying for financing, filing protests against the evaluation of funding applications, project implementation, proper performance of the contract across the whole project life cycle, and in audits and proceedings seeking recovery of state aid.

We represent clients in proceedings before the European Commission, the President of the Office of Competition and Consumer Protection, aid-granting agencies, and institutions overseeing the use of state aid. We have successfully represented clients before the Commission in notification proceedings and in proceedings alleging unlawfully awarded state aid.