State Aid Law

European subvention law forbids very generally subventions of any kind whatsoever from states or state funds which distort or threaten to distort competition by favouring certain companies or production areas if trade between the Member States is thereby adversely affected. Subventions in that sense may be subsidies, grants, financing of public sector companies or other preferment of companies. We advise both state and local subvention sources as well as private subvention recipients on the structure of measures in conformity with subvention law. By appropriate structuring, a solution can often be found which renders notification to the Commission avoidable, for example by the de facto exclusion of subvention, by recourse to the General Block Exemption Regulation (GBReg) or by allocating communal obligations. Such allocation of obligations has special significance not only in the transport sector but has also been availed of by us in hospitals or other areas of public service. We also have the capacity to defend subvention objections, for example in the area of nursing homes. We act for our clients both in subvention proceedings of the Commission and also before the European Courts (e.g., in nullity proceedings). We also support and advise on the notification of subventions to the Commission (Notification).


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