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.
We advise our clients in the procedure for notification to the European Commission of the following instances:
- M&A deals (concentrations) where at least one of the merging companies, the target of the acquisition or the joint venture generates over EUR 500 million in annual turnover, and the parties have received combined financial contributions from third countries in the three preceding financial years of over EUR 50 million
- Participation in a procedure for award of a public contract with an estimated value of at least EUR 250 million, where the participant has obtained financial contributions of at least EUR 4 million from a non-EU country.
Our support covers such matters as:
- Completing the proper forms (FS-CO in the case of concentrations, or FS-PP in the case of public procurement)
- Review of contracts (within the EU and beyond) which may result in obtaining a foreign subsidy
- Analysis of documents concerning:
- Foreign subsidies received on or after 12 July 2018
- Concentrations or participation in procurement procedures on or after 12 July 2020.