European Union Law, State Aid And EU Funds

Our law firm provides legal advisory services in matters related to the application of European Union law, in particular EU commercial and economic law, competition law, state aid law, public procurement law and economic policies of the European Union (Cohesion Policy, Common Agricultural Policy, Common Fisheries Policy, etc. ), sector regulations in the field of energy, telecommunications and transport, financial markets and tax law (indirect taxes). We have extensive experience in consulting in the negotiation of international works contracts, taking into account EU public procurement law.

Our firm prepares legal analysis regarding the interpretation of EU law, including regulations connected with the postal and transport sector, as well as analysis regarding the harmonization of Polish law with this law. Due to the primacy of EU law over national law, in its cases, the firm takes into account the direct effect of EU law, also indicating the possibility of invoking these provisions before national authorities. We represent clients before the European Commission and other EU institutions also in cases related to concentration control. In addition, we offer our legal representation in cases regarding administrative fines and penalties directed against those found violating EU law.

We provide legal advice for the beneficiaries of EU funds in the implementation of projects co-financed from European Structural and Investment Funds, as well as in the process of applying for funding. The Law Firm specializes in matters of financial corrections and irregularities related to the spending of financial resources from subsidies.

Our firm provides legal advisory services in the field of state aid to both entrepreneurs and administrative agencies.. These advisory services include in particular investment aid, aid for research, development and innovation, aid for environmental protection, including in the field of renewable energy sources, rescue and restructuring aid, sector aid and support related to the provision of services of general economic interest.

The firm provides services to Polish and foreign enterprises planning to take advantage of investment incentives, including undertaking or expanding operations in special economic zones, other tax breaks and direct subsidies. The law firm advises, among others, on greenfield investments and large investment projects.

We also advise entrepreneurs applying for support from structural funds constituting state aid, as well as in the scope of government support programs implemented through banks or financial institutions. In terms of restructuring aid, the firm helps, among others, develop restructuring plans so they meet the conditions for the admissibility of this type of aid. We also render assistance in shaping planned projects in order to demonstrate compliance with the private investor test or private creditor test. In addition, the firm advises on assistance aspects that may occur in privatization processes.

With respect to planned assistance, the law firm helps in preparing applications for assistance and in structuring the conditions of planned transactions in order to demonstrate compliance with the conditions of admissibility of assistance. We advise on proceedings before the President of the Office of Competition and Consumer Protection and the European Commission in the field of planned assistance, unlawful assistance and recovery of assistance.

Our experience in this field includes, inter alia, the pharmaceutical industry, energy sector as well as air and rail transport sectors.

The law firm also offers comprehensive training services in the field of state aid law.

The practice leader is attorney-at-law dr hab. Paweł Nowicki, Professor of EU Law and Public Procurement Law, Assistant Professor at the Department of International Law and European Law of the Faculty of Law and Administration at the Nicolaus Copernicus University in Toruń. In the area of EU law prof. Paweł Nowicki specializes in the issues of structural funds and the Cohesion Fund, as well as financial corrections related to the spending of EU funds. He has experience in the implementation of investment projects in the field of transport infrastructure, revitalization, water and sewage treatment and protection of cultural heritage as part of the Infrastructure and Environment Operational Program, the Innovative Economy Operational Program and many Regional Operational Programs.
Professor Wierzbowski is a member of the Steering Committee of the well known organization – ReNEUAL – Research Network on EU Administrative Law). For two terms he was sitting on the Council of the European Law Institute in Vienna, well known and prestige organization of lawyers practicing EU Law. he is also co-head of the Administrative law interest Group of Eli and president of ELI Polish Hub.