EU State Aid

Overview

Organizations from all industry sectors increasingly face multimillion-euro and even multibillion-euro recovery measures due to the European Commission’s vigorous pursuit of those who violate the growing labyrinth of complex rules relating to state aid. At the same time, many public policy objectives including the digital and green transitions require some form of state support, resulting in a growing number of companies having to navigate the state aid rules in order to obtain public funding for their projects in a state aid compliant way.

Our strengths

Our Antitrust and Competition team has market-leading experience in handling complex state aid matters and we provide the full range of state aid support, assisting potential beneficiaries, complainants, public authorities, and a wide variety of other clients. 

We handle numerous state aid proceedings before the European Commission, including procedures concerning the notification of new state aid measures and investigations into unlawful state aid. We also litigate state aid matters before the Court of Justice of the European Union and before the Belgian national courts, and our attorneys help structure transactions with the state or with state-controlled entities in compliance with the relevant rules. In addition, we provide advice in connection with digital and (renewable) energy projects, infrastructure and investment projects, public-private partnerships, privatizations, subsidies, recapitalizations and state guarantees, and tax incentives.

Foreign Subsidies Regulation

In June 2022, the EU adopted a new, far-reaching regulation aimed at tackling the distortive effects of subsidies from non-EU governments on the EU internal market. This Foreign Subsidies Regulation, which entered into force in January 2023 and will apply as from 12 July 2023, gives the European Commission new powers, including the right to launch ex officio investigations, and imposes filing and notification obligations, e.g., in relation to non-EU funded M&A activity and bids for public contracts that involve foreign funding.

We advise clients who are engaged in economic activity within the EU and who are in receipt of or are seeking non-EU financial contributions, and we help them to understand the practical implications of these obligations in relation to their specific business activity.

Insights

Client Alert | 9 min read | 02.15.23

European Commission Seeks Stakeholders’ Views on Draft Foreign Subsidies Implementing Regulation

Last year, the European Union (EU) legislature adopted a far-reaching regulation aimed at tackling the distortive effects on EU markets of financial support provided by non-EU countries to undertakings active in the EU (Foreign Subsidies Regulation or FSR). However, the FSR left many procedural details to be hammered out by the European Commission (EC) in an Implementing Regulation, to be adopted before the FSR itself starts to apply in July 2023. On 6 February 2023, the EC launched a much-anticipated public consultation regarding its draft Implementing Regulation, including two annexes containing notification forms for concentrations and public procurements. Stakeholders have until 6 March 2023 to submit comments....

Representative Matters

  • Advised several public authorities and beneficiaries on the state aid aspects of renewable energy support schemes.
  • Assisting a company in an in-depth state aid investigation by the European Commission into the tax treatment of certain waste management operations.
  • Assisted a client in filing a state aid complaint before the European Commission with respect to the Dutch licensing regime for gambling and lotteries, and the subsequent appeal of the Commission Decision before the General Court.
  • Advised a postal operator on various state aid issues in connection with services of general economic interest.
  • Advised a European trade association of manufacturers of medicinal products regarding potential State aid issues around a tax exemption in France.
  • Represented a leading television production company in Belgium in an appeal before the Belgian constitutional court involving state aid law issues.
  • Advised a leading company in dredging works and marine engineering, on a State aid issue in connection with the financing of a strategic project in Asia.
  • Advised one of the largest European ports on the State aid aspects of a major logistics project.

Insights

Client Alert | 9 min read | 02.15.23

European Commission Seeks Stakeholders’ Views on Draft Foreign Subsidies Implementing Regulation

Last year, the European Union (EU) legislature adopted a far-reaching regulation aimed at tackling the distortive effects on EU markets of financial support provided by non-EU countries to undertakings active in the EU (Foreign Subsidies Regulation or FSR). However, the FSR left many procedural details to be hammered out by the European Commission (EC) in an Implementing Regulation, to be adopted before the FSR itself starts to apply in July 2023. On 6 February 2023, the EC launched a much-anticipated public consultation regarding its draft Implementing Regulation, including two annexes containing notification forms for concentrations and public procurements. Stakeholders have until 6 March 2023 to submit comments....

Insights

Client Alert | 9 min read | 02.15.23

European Commission Seeks Stakeholders’ Views on Draft Foreign Subsidies Implementing Regulation

Last year, the European Union (EU) legislature adopted a far-reaching regulation aimed at tackling the distortive effects on EU markets of financial support provided by non-EU countries to undertakings active in the EU (Foreign Subsidies Regulation or FSR). However, the FSR left many procedural details to be hammered out by the European Commission (EC) in an Implementing Regulation, to be adopted before the FSR itself starts to apply in July 2023. On 6 February 2023, the EC launched a much-anticipated public consultation regarding its draft Implementing Regulation, including two annexes containing notification forms for concentrations and public procurements. Stakeholders have until 6 March 2023 to submit comments....