NOTE: In the wake of the EU referendum, State aid rules are likely to change. Contact Simply.Law today to find a lawyer who can explain the ramifications.
One offshoot of the overarching legal public procurement process is state aid. This is part of the commercial law sphere and specialist commercial lawyers can give state aid legal advice about its application, plus advice regarding funding arrangements – both on a national and EU level. State aid involves using resources funded by the taxpayer for the benefit of one or more organisations in order to give an advantage over others. State aid rules work primarily to prevent any distortion of the competition and to promote a level playing field .
State aid law application
Public authorities grant an advantage, this can be in many different forms, and therefore there is a broad definition applied. Essentially, it can be linked to anything that an undertaking cannot secure from the open market. It applies to grants, tax breaks, loans and sale or use of a state asset at below the asking price or for free. Non-compliance with original EU legislation is a serious matter and can have far-ranging consequences including withdrawal or suspension of aid schemes as well as recovering any state aid already given.
Having a competitive and open market in the EU for the benefit of UK firms is vital. Providing an environment where these firms can grow and flourish, as well as compete fairly, is the primary objective of state aid rules. Commercial lawyers experienced in state aid application are invaluable in any scenario where state aid features as a major option. EU law currently prevents the state providing subsidies if the effect would be detrimental to marketplace competition. An experienced commercial lawyer can help you manage state aid issues in various situations, such as making an application for public sector grant funding.
State aid legal advice
Simply.Law is an online platform which has been developed as a quick and straightforward method of connecting those who need legal services with specialist high end lawyers. The premise of Simply.Law is that you can click on a lawyer profile featured on this page and be directed to a commercial lawyer experienced in a niche area of law – in this case, state aid law. Engaging a solicitor early on gives invaluable benefit in these circumstances as state aid can be complex. You can select a commercial lawyer from the list on this page or, if you prefer, send your details across to Simply.Law and we will use the Match facility to identify the best solicitor for your needs. Either way, you will receive first class legal advice.
Competition law affects all sectors of the economy, including state aid law. Promotion of an open and fair competitive market is a priority for commercial lawyers working in this sphere. State aid rules help to make this happen. It is a prevalent specialist area within EU competition law and, as such, you need a solicitor who is well versed in the breadth and depth of the rules and regulations. Public authorities are responsible for compliance in terms of projects and policy measures. Early legal engagement from your Simply.Law member lawyer can help to make sure that time is being used effectively and any potential problems are avoided.
As a result of the European economic crisis and the public sector rescue of the banking system, state funding is being scrutinised now more than ever. Structuring commercial law arrangements to be compliant with competition law will be a priority for your chosen solicitor. Compliant funding measures such as an approved aid scheme, or a block exemption being applied, are some of the most valuable issues for public sector clients.
For experienced state aid legal advice, contact Simply.Law member lawyers today. Knowledge is key.
