State Aid Law

State aid law is undergoing rapid development, and new case law continues to appear, changing the legal reality for both granting authorities, recipients and prospective complainants.

In addition, State aid law has attracted increasing attention over the past years, for example as a result of the European Commission’s detailed State aid notice from 2016, changes to the repayment rules, and intensified enforcement efforts. As an example of innovative practice, the European Commission recently pursued a number of advantageous tax arrangements as being indirect State aid.

Our advice

We provide advice to granting authorities, beneficiary undertakings and undertakings complaining about State aid grants; also, we are highly experienced in advising e.g. public foundations. 

All parties to a State aid dispute have a significant interest in securing compliance with the rules, because the alternative scenario may have insurmountable consequences for those involved - and not just for the public authority.

We take a proactive approach and ensure, together with our clients, that each case is handled as smoothly as possible - whether it concerns introduction of a new aid measure, organisation of a general aid scheme, or examination of aid already granted. This can be done for example by organising a smooth structure of any given aid scheme, but also by securing a transparent and honest risk assessment at an early stage. We go to great lengths to deliver a coherent and comprehensive solution to our clients’ business needs.

Our experience

We have many years of experience in handling cases before the Danish authorities and courts, the European Commission and the European Courts. Furthermore, we benefit from being part of an international network of leading law offices, which enables us to offer a "one-stop shop" solution in both Danish, European and international cases.

Our huge experience extends to State aid cases heard by the European Commission and by Danish authorities, including the balance between the relevant authorities’ powers and the multiple procedural challenges associated with State aid. In a Danish context, this includes the relationship to general administrative law and the authority for municipal activities. In addition, we have vast experience in dealing with complex cross-border aid measures and schemes. Kromann Reumert's Competition economics and economic analysis group regularly assists in our State aid cases.

We have advised on State aid issues in various sectors, including energy, finance, culture, health, research, education, tourism, agriculture, food and sports. The issues have involved direct aid in general as well as specific issues relating to privatisation, public procurement, guarantee arrangements, pan-European projects and infrastructure.

Many of our advisers are members of Danish and international fora, and we lecture at universities and write legal articles and books that are published in Denmark and internationally.

We offer expert advice on a variety of areas. Follow the links to see the main examples.