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State Aid

With the European Commission (Commission) intensifying its investigations into illegal aid to private companies from both national and local governments, state aid has become an increasingly important field of law. The economic and financial crisis has also led to more government support to companies, consequently forcing the Commission to take a stand against illegal state aid measures.

In 2014, the EC launched state aid investigations into certain advance tax agreements concluded by large US and European multinational enterprises (MNEs) with the tax authorities of Belgium, Ireland, Luxembourg and The Netherlands.

Your state aid challenges

As an MNE you will need to be in control of potential state aid risks. There are potentially a number of challenges for you to consider, including:

  • How do you respond to the auditor if asked whether your group is exposed to state aid risks?
  • Do you need to take measures to identify, quantify, control or reduce risks from previous years, and what are the consequences of these measures for you.
  • If a state aid risk exists, what must be disclosed in your financial statements?
  • How can you prepare for a state aid investigation?

Addressing state aid risks

When it comes to deciding how best to deal with your challenges, or what actions or measures you need to take in assessing state aid risks, Loyens & Loeff has in-depth expertise and hands-on experience. We can provide you with fully-integrated, tailored and pragmatic advice and guidance.

While advising your organisation on tax-related and other state aid matters – which regularly also involve transfer pricing issues – we pull together our highly-experienced competition law experts and transfer pricing specialists to best service your requirements.

We represent clients in proceedings before both national and EU courts in relation to breaches of state aid rules. Our experience includes landmark cases before the Court of Justice in Luxembourg.