State Aid and EU/EEA Law
Competition law, public procurement, State aid and EU/EEA law are highly demanding areas of law, which have a significant impact on businesses and public sector.
We have a team of 14 lawyers who work daily with these areas, and has the experience, competence and capacity to handle any type of case.
Our state aid lawyers have extensive experience with all types of state aid cases. In addition, several of our lawyers have previously worked in the Competition and State Aid Department of the EFTA Surveillance Authority (ESA). We assist both public bodies and potential state aid beneficiaries in a variety of state aid issues, notifications to ESA and private law disputes. In recent years we have handled a number of notifications to ESA of major stat aid grants to the development of environmental technology and other environmental measures in the industry, we have advised on state aid issues in major government reorganizations and in a number of large property transactions, including sale, lease, purchase and expropriation, on behalf of different public sector bodies.
Our State Aid assistance includes:
- Assessment of whether a planned measure entails state aid within the meaning of the EEA Agreement and whether the aid falls under a block exception or may be approved as compatible aid
- Assistance in drawing up state aid measures - both individual measures and aid schemes - to ensure that they are covered by an exemption or can be approved
- Assistance to the aid grantor in ESA notifications, both in drafting of the notification, dialogue with the Ministry of Trade and Fisheries and ESA, informal clarifications (pre-notification) and the formal notification procedure itself
- Enforcement of the state aid rules in civil law disputes, including national courts and arbitration processes, e.g. where an agreement with the public sector is alleged to involve state aid
- Assistance to potential beneficiaries where illegal state aid may have been granted
- State-aid risk assessments, both for beneficiaries and grantors
- Assistance in reorganization processes in the public sector / economic activity in the public sector, with the aim of excluding state aid
Our lawyers also provide assistance in other types of EEA legal issues. EEA law has gradually become important in most business law areas, from regulation of financial markets to food hygiene. A recurrent issue is the relationship between national regulation and the EEA Agreement rules on the free movement of goods, services, labour and capital, but issues may also arise in relation to the directives and regulations included in the EEA Agreement.
A large number of our lawyers have experience from the EU and EEA institutions, such as the EU Commission, the EFTA Surveillance Authority (ESA) and the EFTA Court, and have on many occasions represented clients before ESA and the EFTA Court. We therefore have an excellent basis to handle all types of EEA legal issues, in cooperation with our firm's specialists in the affected area where needed.