We have a wealth of experience advising on M&A projects, including greenfield transactions, acquisition of assets covered by state aid, sale of business lines, and ownership changes affecting entities carrying out projects with funding from EU or national sources. We analyse the permissibility of assigning funding agreements, the tax consequences, the impact of transactions on beneficiary status, and obligations to notify financing institutions.
We also advise public and private entities on financing of public infrastructure and delivery of services of general economic interest, taking into account the principle of solidarity and the terms of compensation for public services.
We advise businesses on available forms of support, whether they are non-repayable (grants and subsidies) or repayable (preferential loans and guarantees), with particular attention to eligibility of expenses, the rules for granting state aid, and fulfilment of project durability conditions.
We support clients at the stage of seeking funding, filing protests over negative assessments of support applications, and introducing modifications to projects that are already underway. We advise on the risks of failure to comply with support conditions and potential liability to repay funding.
We have experience in projects financed from national sources (including the national plan under the EU’s Recovery and Resilience Facility), EU funds (such as European Funds for a Modern Economy [FENG] and European Funds for Infrastructure, Climate and Environment [FENiKS]), and under regional programmes and instruments supporting investments in the Polish Investment Zone and in special economic zones.
We represent beneficiaries of state aid during inspections by national institutions, the European Commission, the Office of Competition and Consumer Protection (UOKiK) and the tax authorities. We support clients in preparing their positions on post-inspection reports, objections and clarifications, and if needed we pursue administrative appeals and challenges before the administrative courts. We also advise on strategic planning where there is a risk of having to repay funds and in restructuring of unprofitable projects.
We represent clients in prenotification and notification proceedings before the European Commission. We also advise on matters concerning aid granted without prior approval, and in challenging state aid awarded to competitors in violation of EU law.
We provide legal support to businesses required to notify foreign financial contributions under Regulation (EU) 2022/2560 on foreign subsidies distorting the internal market (FSR), whether involving the notification of concentrations (form FS-CO) or public procurement proceedings (form FS-PP).
We advise on the rules of the European Union’s internal market, including the free flow of goods, services and capital and the right of establishment. We assist in assessing the compliance of national regulations with EU law, including the principles of proportionality and non-discrimination. We support clients in analysing regulatory risks related to administrative barriers and state interventions and in the context of their impact on state aid and competition.