State Aid and Subsidies

[x EN] We advise on all aspects of EU State aid law. We assist companies in State aid notification procedures before the European Commission and in the implementation of the conditions of State aid approvals (State aid compliance). In addition, we support you with our many years of experience in the event of a State aid recovery claim. We also assist public authorities in the design of State aid compliant aid schemes, including the implementation of notification procedures.

We also regularly act as State aid experts in the context of monitoring trustee mandates. Monitoring trustees are appointed by the European Commission to monitor compliance with the conditions of State aid decisions. We work closely with specialist trustee firms and economists.

[x EN] In recent years, funding granted directly by the European Union has become increasingly important. With our extensive experience, we assist companies in the complex application process before EU authorities and in ensuring compliance with obligations under funding agreements. In addition, we provide support in cases of funding suspension or recovery.

[x EN] We support you in throughout national funding procedures, i.e. in the application and coordination with the responsible authorities, and provide assistance if applications are rejected and ensure compliance with ancillary provisions (e.g. requirement to tender, and no early start of projects) and in the event of a reclaim of the funding.

In addition, we advise on the handling of subsidies in the context of transactions. We are familiar with the relevant regulations and work with you to develop legally sound and pragmatic solutions to avoid risks.

[x EN] The Foreign Subsidies Regulation (FSR) entered into force in 2023. It provides the European Commission with wide-ranging powers to take action against distortions of competition caused by subsidies from countries outside the EU (see Foreign Subsidies Regulation: Anything to declare? | BLOMSTEIN).

We assist you with getting clearances for transactions notifiable to the European Commission under the FSR as well as with the submission of the corresponding notifications and declarations in the context of public procurement procedures. We also support companies that are affected by an investigation initiated by the Commission under the FSR.

We also advise on options under the FSR if competition in your sector is affected by subsidies from third countries.