State aids

State aids are defined as an advantage in any form whatsoever conferred on a selective basis to undertakings by public authorities. Before such subsidies are granted, they must be notified to the European Commission, unless a rule provides otherwise. Public entities which grant State aids illegally may be ordered by national judges to recover them with interest.

bureau Brandeis Paris lawyers have considerable expertise in assisting companies navigate State Aid rules. Some of its founding members were directly involved in some the most ground-breaking and high-stake State aid cases litigated before the European Courts in the past 15 years in a wide number of sectors, including postal services, broadcasting services, automobile sector, naval industries, and tax rulings.

As an independent antitrust litigation boutique, bureau Brandeis Paris lawyers are particularly well placed to assist both corporations and French, EU and foreign law firms with no specific State Aid expertise in:

  • Advising on the structure of a deal in light of the State aid rules;
  • Assessing whether a subsidy qualifies as a State aid and whether it needs to be notified to the European Commission, including in cases when the aid is granted to compensate public service costs;
  • Assisting potential beneficiaries of State aids or their competitors in obtaining clearance or challenging a State aid;
  • Litigating European Commission decisions before the EU Courts;
  • Challenging illegal State Aids before the French Courts.

- Louis Brandeis, Justice of the US Supreme Court