We provide the highest caliber of advice about all aspects of the state aid rules. We represent both providers of state aid, state aid recipients, and competitors of state aid recipients. We have assisted clients with a number of cases before the Danish Competition and Consumer Authority, the European Commission, the Danish courts, and the European Court of Justice.
We help public authorities and companies comply with the state aid rules as easily and efficiently as possible. We help determine whether your agreement or project is subject to the state aid rules. If so, we help you to determine how to most easily comply with the rules – either by making sure not to grant state aid or by securing the necessary exemptions or clearances.
We provide assistance in connection with e.g.:
- Aid schemes and individual aid: We help devise and implement aid schemes and individual aid measures in accordance with all EU requirements and national requirements.
- Commercial activities and transactions of public entities: We help ensure that commercial activities and transactions of public entities are carried out on market terms and free of state aid so that the project does not have to await clearance from the European Commission. We also help with sales of public properties and privatizations, and we help public companies avoid issues of cross-subsidization.
- Public-private cooperation: Cooperation between the public and private sector can entail many types of advantages for the private participants, and these advantages can constitute state aid. We help identify and manage all elements of state aid in cooperations between public and private parties.
- Notification and block exemption: We help obtain clearance from the European Commission or exemption under the so-called GBER (general block exemption regulation) for state aid. We can provide sparring and quality assurance if you prefer to manage the process yourself, or we can take care of the entire process from start to finish so you don’t have to worry about anything.
We help all types of private companies affected by state aid.
We help both aid applicants, aid recipients, and competitors of aid recipients to understand their rights and obligations under the rules and to protect their interests and minimize risks in relation to the rules.
We assist private companies in connection with e.g.:
- Aid applications: We help you ensure that your aid application is filled out as intelligently as possible and in accordance with all relevant requirements so that you get the best possible chance of receiving aid
- Requirements in aid awards: When you have received public subsidies, we help you ensure that your company complies with all requirements of the award and the underlying rules so that you can be sure to receive the aid – and keep it
- Business and cooperation with the public sector: We help companies that trade and/or cooperate with the public sector to avoid receiving unintended state aid in the form of below-market prices or the like in the course of their dealings with the public sector so that the company does not risk being met with large repayment claims
- State aid complaints: We help companies that have been negatively impacted by state aid provided to a competitor and wish to complain about this further their interests throughout the entire complaint process. We also help companies that have been met with such complaints.
We represent our clients in all types of administrative cases and court cases within the field of state aid. We have represented clients in a great number of cases before both the Danish Competition and Consumer Authority, the European Commission, the Danish courts, and the European Court of Justice.
We represent our clients in cases concerning e.g.:
- Recovery of aid: Cases where our clients have received state aid and are faced with issues of repayment or have been affected by aid to competitors and wish to seek repayment of that aid
- Damages: Cases where our clients are affected by aid granted to their competitors and seek damages for their losses as a result of the aid or have been faced with such claims from competitors
- Repeal of invalid regulation: Cases where our clients seek to obtain the repeal of public duties, aid schemes, or other regulation which is considered contrary to the state aid rules or to uphold such regulation