State aid
When the government wants to support enterprises, they have to take state aid rules into account. The question of whether state aid applies is answered on the basis of five interrelated criteria.
State aid applies when
(I) using public funds;
(II) a benefit is provided;
(III) to an undertaking;
(IV) which may affect interstate trade; and
(V) which distorts or may distort competition.
The question of whether state aid applies can be relevant, among other things, because aid measures must be reported to the European Commission before a government is allowed to implement them. State aid is increasingly playing a role in the context of (civil) disputes. For example, if a company feels that the government is unfairly supporting a competitor, causing unfair competition. The tendering, procurement and competition experts of Kienhuis Legal advise on such matters.
What we do
We help companies and governments answer the question of whether state aid applies. In addition, we help determine whether the aid should be reported or whether exceptions apply. For example, by making aid measures 'state aid proof'. We also assist our clients in (civil) disputes involving state aid issues.
Get in touch
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Team State aid
How we can help
In a practical, efficient and understandable way, we remove legal obstacles.
