State Aid BRUSSELS/EU

Our team is active at the forefront of some of the most topical issues of State Aid law and perfectly positioned to help clients conquer their business and legal challenges.


State Aid control is a peculiarly European phenomenon. In the European Union (EU), member states are not authorized to grant subsidies or any other kind of aid to their companies or other entities that carry on commercial activities unless they first clear the provision of this aid with the European Commission. Violation of the prohibition may lead to the beneficiaries being forced to repay with interest all aid received.

We represent a wide range of clients, from aid recipients to competitors challenging unlawful aid to others. We have assisted a number of recipients of challenged government aid in administrative procedures initiated by the Commission. In so doing, we work closely with investment banks and economic consultants to provide comprehensive business and legal advice.

Contacts

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Duvernoy, Christian

Christian Duvernoy

Partner-in-Charge, Brussels Office

+32 2 285 49 06 (t)

christian.duvernoy@wilmerhale.com

Louis, Frédéric

Frédéric Louis

Partner

+32 2 285 49 53 (t)

frederic.louis@wilmerhale.com

Louis, Frédéric

Frédéric Louis

Partner

+32 2 285 49 53 (t)

frederic.louis@wilmerhale.com

Mueller, Thomas

Thomas Mueller

Partner

+1 202 663 6766 (t)

thomas.mueller@wilmerhale.com

Ratliff, John

John Ratliff

Partner

+32 2 285 49 08 (t)

john.ratliff@wilmerhale.com

De Paepe, Frank

Frank De Paepe

Of Counsel

+32 2 285 49 30 (t)

frank.depaepe@wilmerhale.com

O'Daly, Cormac

Cormac O'Daly

Special Counsel

+44 (0)20 7872 1534 (t)

cormac.o'daly@wilmerhale.com

Vallery_Anne.jpg

Anne Vallery

Special Counsel

+32 2 285 49 58 (t)

anne.vallery@wilmerhale.com

Experience

Our recent cases include:

  • Providing expert advice to France Telecom in the context of the Commission's investigation into state aid allegedly constituted by press statements by the French government
  • Advising Deutsche Post as co-counsel, including preparation of several legal opinions, in various proceedings before the European Commission and the European courts in relation to alleged state aid granted by Germany in form of allegedly excessive public service compensation
  • Advising Landesbank, a leading German public bank, in relation to the financing of an acquisition of a regional energy supplier by a public special purpose organization formed by a number of local authorities benefiting from an unlimited guarantee provided by German municipality laws, and thereby favorable credit conditions
  • Providing state aid expert advice, and representing the Czech government in annulment procedures before a national court against an arbitration award obtained by one of the leading Czech banks for payment under a guarantee issued by the Czech government during the Czech banking crisis
  • Successfully advising a German Federal State in three subsequent notification procedures before the European Commission relating to the financing of the construction of the newest German regional airport (one of the few airport infrastructure state aids approved by the European Commission)
  • Representing European Gaming and Betting Association before the General Court as intervener in support of the Commission in the first EU court case regarding state aid by way of different taxation of online gaming as compared to terrestrial gaming