State Aid & EU

Where a proposed aid measure must be notified to the European Commission, we guide you through the entire notification process. We prepare the notification, maintain contact with the Commission during the pre-notification phase and formal investigation procedure, and advise on any adjustments or commitments required to obtain approval.

We advise businesses that receive or wish to receive State aid on the State aid classification of financial contributions and the risks of unlawful aid. We also assist beneficiaries in recovery proceedings and support businesses wishing to file complaints against aid granted to competitors. We also have extensive expertise in advising businesses on compliance matters relating to (European) regulatory requirements.

PwC Legal has extensive experience with proceedings concerning the recovery of unlawfully granted State aid. We advise public authorities on their recovery obligations and assist businesses facing recovery decisions. We also litigate before national courts and the Court of Justice of the European Union.

We advise on the financing of public undertakings and services of general economic interest (SGEI). PwC Legal assists public authorities in structuring compensation mechanisms and contracts that comply with the Altmark judgment and the SGEI package, and reviews existing financing arrangements for compatibility with State aid law.

We advise on the State aid aspects of financing infrastructure projects, research facilities and other large-scale investments. We assess whether public investments qualify as State aid and guide any notification processes or structure alternatives that fall outside the State aid prohibition. We are also able to offer practical guidance to ensure that draft agreements already under negotiation are brought into line with State aid law (market conformity).

The European Foreign Subsidies Regulation targets financial contributions that businesses receive from governments outside the European Union. These contributions may distort the internal market and are therefore subject to scrutiny by the European Commission. PwC Legal advises businesses on the scope of the FSR, the classification of foreign financial contributions and the notification obligations for concentrations and public procurements. We assist in mapping relevant contributions, preparing notifications and navigating investigation procedures. We also support businesses in developing internal procedures and control mechanisms to ensure timely compliance with FSR obligations. For example, this could involve creating a tailor-made handbook for employees, which can be used as a reference to request data within the organisation.