State Aid Law

There are various types in which a state aid might appear (i.e. loans/guarantees with preferential conditions, sale or lease of real estate under market value/gratitious, contribution of capital without appropriate rate of return, grants for operating costs) and might therefore be difficult to recognize. We conduct – supported by Deloitte’s economic experts – so-called “private investor tests” in order to evaluate the market conformity of the given public measure and, thus, its compatibility with State Aid Law. In the field of Services of General Economic Interest („SGEI“) we counsel and support our clients in all matters relating to the entrustment act. Our services also include the representation of our clients in notification proceedings and formal investigation procedures before the European Commission as well as in proceedings before the competent national courts regarding the recovery of unlawful state aid.

Assessment of Public Measures

• Evaluation of public support and funding measures as to their compatibility with State Aid Law on the basis of the European guidelines, directives and decisions

• Advice on municipal restructuring measures

• Conduct of private investor tests

SGEI-Measures

• Assessment of the conditions for a SGEI entrustment

• Preparation of and support in implementing the entrustment act

Representation

• Notification proceedings before the European Commission

• Formal investigation procedures before the European Commission

• Recovery proceedings before national courts