State Aid

Companies doing business in the European Union should be cognisant of potential state aid risks. There are numerous challenges for you to consider, including:

• Do any agreements or arrangements with public authorities or public companies of an EU Member State pose a state aid risk? 
• 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?

While advising your company on state aid matters, which regularly also involves transfer pricing or other tax-related issues, we pull together our competition law experts and tax/transfer pricing specialists to best service your requirements.

Additionally, we advise and assist with the following services:

• Analysis of potential state aid risks in the context of agreements with public authorities and entities, and manners in which to mitigate these risks.
• Representation in state aid cases before the European Commission, the European Court of Justice and national courts.
• Discussions with in-house stakeholders and audit firms on potential provisions and disclosures in the annual accounts (FIN48 memos, etc.).
• Participation in board meetings and supervisory board meetings addressing this topic.