Clients may be seeking to get approval for short-term rescue aid, defend structural support programs for their industry sector, benefit from regional investment incentives, or challenge aid granted to competitors that distorts competition within the internal market. Our State Aid practitioners have the broad knowledge and depth of experience, both with the European Commission’s enforcement practice and in often-ensuing follow-on litigation before the European Courts, to be able to assist. We also actively represent clients in State Aid-related litigation at national level, in Germany, Belgium and the UK.
We represent a wide range of clients in complex State Aid proceedings, including aid recipients trying to defend aid received in cooperation with their national governments, competitors challenging unlawful aid to others, and acquirers of privatized and other potentially subsidized companies seeking to exclude a transactional repayment risk. Our team is active at the forefront of some of the most topical issues of State Aid law, including restructuring during the financial crisis, privatization of State monopolies and State Aid in the context of transport infrastructure.
Our integrated European team includes highly regarded State Aid practitioners, including former senior Commission official Claus-Dieter Ehlermann, as well as a group of partners based in Brussels, Berlin, Frankfurt and London. Depending on the needs of the project, we work closely with other knowledgeable teams, including WilmerHale’s public policy and legal strategy team and sectoral regulatory lawyers within the firm. In addition, we regularly work with outside financial experts, for example from investment banks or economic consultancies, in order to provide integrated legal, economic and business support to clients.