European state aid law

European State Aid Law continues to gain in importance. With the growing activity of national and European legislators and the increasing number of judgements of European and national courts on state aid law, regulations are becoming ever more complex and ever stricter requirements are imposed on municipalities and associated companies.
State grants are subject to state aid control. According to case law of the German Federal Court of Justice (BGH), a breach of state aid law leads to the nullification of the legal act underlying an aid grant. In such a case, the awarded state aid, including interest, has to be paid back. Even competitors may demand in court the refund of the grant and the payment of the related damages. This shows the growing practical importance of state aid law. Furthermore and consistent with case law of the European Court of Justice, compliance with the provisions on state aid law is part of the due diligence duties of management board members and breaches of state aid law can lead to severe sanctions.

Thus, it is important now more than ever to have grants and subsidies within the scope of state aid law checked in a timely, economical and solution-oriented way. Rödl & Partner has many years of experience in handling state aid matters, providing clients with practical and tailored solutions.

Our services in EU state aid law include:
  • State aid check for municipalities and municipal companies
  • Structuring of EU guarantees according to state aid law
  • Expert opinions on state aid matters, structuring advice
  • Conducting of the Private Investor Test to verify compliance with market requirements
  • Services related to the Monti package and the new Almunia package, e.g. preparation and optimisation of entrustment acts
  • Support in keeping separate accounts and in other accounting matters
  • Overcompensation audit
  • State aid project documentation
  • Preparation of subsidy schemes (by-laws, subsidy policies)
  • Support in the developing of compliance structures according to state aid law
  • State aid law risk analysis as part of a due diligence audit
  • Representation before the European Commission and the European Court of Justice
  • In-house training
  • Advice in complex questions concerning tax law (multi- utility) as well as community and budget law.



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Jan-Volkert Schmitz

Associate Partner

+49 221 9499 0939 1

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