State aid in Germany

Gleiss Lutz

Due to a client base consisting of federal ministries, state governments and German and international blue-chips which consult the practice on relevant contemporary issues, Gleiss Lutz' team is 'very close to the development of state aid law'. For instance, the firm advised on the structuring of the federal government’s Covid-19 aid measures. Compliance issues represent another central part of the practice, as well as representation before the Commission and in state aid proceedings before the ECJ and German courts. Practice head Ulrich Soltész in Brussels has a 'very good instinct for future trends', while Düsseldorf-based Burghard Hildebrandt has expertise in state aid law, particularly in investment subsidies, research and development; just like Eva Koch, who made counsel in January 2021.

Practice head(s):

Ulrich Soltész

Testimonials

They are flexible and can also be reached at short notice if necessary. The advice is very clear and understandable (no unnecessary ‘lawyer’s language’). The lawyers have a very professional attitude and there is a very friendly working atmosphere. dr Ulrich Soltész has a very good instinct for future trends.

‘Dr. Ulrich Soltész has been advising us on competition law (including state aid law and European law) for years. A highlight of the last few years was his representation in a – historically important – action for annulment before the European Court of Justice in the first instance against a decision of the European Commission to recover state aid.’

‘Very well networked in Brussels and Berlin, very close to the development of state aid law. ‘

‘Dr. Ulrich Soltész (Brussels), Dr. Burghard Hildebrandt (Berlin): Both very experienced lawyers, practical, result-oriented.’

Our long-term cooperation with the competition law team at Gleiss Lutz has been very rewarding and successful. We can only recommend her because of her wealth of experience, her timely feedback and her practical approach, these are key skills and strengths for us .’

dr Ulrich Soltész is very professional, with a lot of impressive experience in the competitive arena. It was a pleasure to work with him, the cooperation has always worked smoothly. He has great team management skills. His expertise is extensive and his work of high quality. We highly recommend him.

‘Support also at short notice, fast, well-founded, thorough.’

‘Dr. Soltész is available at all times, listens, draws on his experience with other cases, and develops tailor-made suggestions. It always helps to ask him.’

Work highlights

  • Advising the Federal Republic of Germany Finance Agency GmbH on the structuring of the economic stabilization fund (Federal Covid-19 aid).
  • Advice on grant law to Globalfoundries Management Services Limited Liability Company & Co. KG on an IPCEI project (cooperation project of common European interest at the European Commission in the field of microelectronics).
  • Advising Infineon Technologies AG on questions of subsidy law, including in connection with the insolvency of Qimonda AG.

Hengeler Mueller

With Jan Bonhage in Berlin and Hans-Jörg Niemeyer in Brussels, Hengeler Mueller s state aid practice fields two experienced partners with significant expertise. The team not only represents clients in proceedings before the ECJ and intervenes before the Commission, but also advises prestigious companies and the public sector on state aid matters. In the context of the Covid-19 crisis, the team assisted several companies with matters pertaining to federal financial aid. The firm also acts across other highly topical issues, such as assisting with the implementation of the first IPCEI in the microelectrics field or advising clients on funding programs for hydrogen technology. In addition, the team oversees public sector share transactions.

Work highlights

  • Representation of Landwärme GmbH in proceedings on the subsidy scheme for biomethane against the European Commission before the General Court of the European Union.
  • Legal assistance from Deutsche Lufthansa AG in the Ryanair/EU Commission legal dispute over the Lufthansa state aid decision of June 25, 2020.
  • Advising Carl Zeiss SMT GmbH on the implementation of the first IPCEI (Important Project of Common European Interest) on microelectronics.

Redeker Sellner Dahs

Redeker Sellner Dahs' broad, cross-location practice continues to be a top address for state aid advice; the team often acts on behalf of the public sector, in particular for federal ministries and federal states, while associations and companies also belong to its client base. In addition to state aid advice and analysis, the representation before the Commission and the ECJ forms another of the practice's central pillars. Most recently, the team continued to assist with matters related to Covid-19 support measures, but also stands out due to its strategic focus on future-oriented processes and discussions, such as environmental and energy matters or AGVO issues. State aid expert Andreas Rosenfeld, who is based in Bonn and Brussels, leads the team. Ulrich Karpenstein at the Berlin office is another renowned state aid expert.

Practice head(s):

Andreas Rosenfeld

Work highlights

  • Comprehensive legal advice to the clients German Society for International Cooperation (GIZ) and German Hydrogen Association as well as the BMWi as a sponsor in the design and implementation of a model to promote the market ramp-up of green hydrogen (H2Global), which is unique in Europe, including representation before the Commission on state aid law.
  • Representation of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth towards the Commission in two notification procedures on large-volume Covid-19 funding programs for non-profit institutions/organizations.
  • Plaintiff representative of the Slovak raw materials company Kerkosand spol. sro against KOM in fundamental proceedings regarding cut-throat competition through the inappropriate allocation of EU funds by the Slovakian government.

Chatham Partners LLP

Hamburg boutique Chatham Partners LLP's Marco Núñez Müller is one of the 'best-known and most experienced German EU state aid lawyers' and heads the practice. The group focuses on the infrastructure sector, where it assists airports as well as increasingly port companies and port projects with state aid issues. The energy sector represents another mainstay, with state aid and renewable energies being an increasingly important key issue for the team. It also often advises on politically explosive, highly complex issues such as the so-called car toll scandal. In addition, the team has experience in preparing state aid notifications and representing clients in private enforcement proceedings before national courts or in state aid investigation procedures at European level.

Practice head(s):

Marco Núñez Müller

Testimonials

‘Dr. Marco Nunez Müller is one of the most experienced German EU state aid lawyers. He works extraordinarily precisely and quickly and is always technically up to date. His current three-person team of state aid lawyers is able to quickly solve even complex state aid law problems or to provide assistance in proceedings before the EU Commission, EU and German courts at any time and also on short notice.

‘Dr. Marco Nunez Müller is one of the best known and most experienced German EU state aid lawyers. He works extraordinarily precisely and quickly and is technically absolutely TOP. ‘

Key clients

LHG Lübecker Hafen-Gesellschaft mbH

Hansestadt Lübeck

Deutscher Bundestag

FDP (Bundestagsfraktion)

Athos Solar GmbH

GEWOBA AG

Stöcker Flughafen GmbH & Co. KG (Flughafen Lübeck)

FMO Flughafen Münster/Osnabrück GmbH

Grünenthal GmbH

Deutsche ErdWärme GmbH

Zweckverband linkes Weserufer

AquaVentus Projektfamilie

Hochtief AG

CI III PQE GmbH & Co. KG

Landkreis Waldshut

NEUWOGES Neubrandenburger Wohnungsbaugesellschaft mbH

AQV

Work highlights

  • Comprehensive advice on state aid and public procurement law for the LHG Lübecker Hafen-Gesellschaft mbH, including state infrastructure and superstructure financing, sale of terminals, changes to the port operating concession and aid to competing ports.
  • Comprehensive advice on state aid and public procurement law to the German Bundestag and the FDP parliamentary group on the so-called car toll disaster of the Federal Ministry of Transport, in particular in connection with the incorrect award of the car toll concession to KapschTraffic and CTS Eventim, the state promise of comprehensive compensation that is not customary in the market for the (occurred) case of a defeat of the federal government before the ECJ and the pending arbitration proceedings.
  • Comprehensive advice on state aid and contract law to Münster/Osnabrück Airport in connection with the drafting of contracts with various airlines.

Dentons

Andreas Haak in Düsseldorf heads Dentons' state aid team, which acts before European courts and the Commission as well as in national matters. While Haak has relevant experience in infrastructure sector-related matters, Munich partner Matthias Nordmann increasingly represents clients in proceedings before national and European courts. Public-private cooperation and state aid aspects of transactions represent additional key issues for the practice, while the close cooperation with other practice areas, especially public procurement law, plays a central role for the group. The arrival of counsel Lars Hettich from BEITEN BURKHARDT in February 2021 strengthened not only the firm's procurement but also its state aid practice.

Practice head(s):

Andreas Haak

Other key lawyers:

Matthias Nordmann; Lars Hettich

Testimonials

‘Powerful team around the two partners Andreas Haak (Düsseldorf) and Dr. Matthias Nordmann (Munich).’

‘Very cooperative collaboration with Dr. Nordmann – also as a lawyer for the other side.’

Key clients

ALBA Group

Duisburger Hafen AG

EFN Eifel-Net Internet-Provider GmbH

Landesbetrieb IT.NRW

logport Ruhr GmbH

NeXovation Inc.

Prospitalia GmbH

Prosoz Herten Softwareentwicklungs- und Beratungsgesellschaft für Gemeinden, Städte und Kreise GmbH

Volotea

 

Work highlights

  • Comprehensive advice and representation of the US investor NeXovation Inc. in the course of the state aid proceedings regarding the Nürburgring and the subsequent court proceedings before the General Court of the European Union and the European Court of Justice.
  • Advising Duisburger Hafen AG on EU state aid and public procurement law in connection with the construction and operation of a container facility in the immediate vicinity of the Greenport Venlo rail terminal by a duisport competitor.
  • Comprehensive advice to the Spanish airline Volotea with regard to a clawback decision by the European Commission of July 29, 2016 and representation in the court proceedings before the European Court of Justice and the European Court of Justice.

WilmerHale

WilmerHale's state aid practice is characterised by a diverse client portfolio and multi-faceted instructions: the team assists international players with large-scale projects and in Germany acts for companies and the public sector, with long-standing relationships with individual federal states standing out in particular. The group represents clients in proceedings at EU level and before national courts, but also advises on a wide range of state aid issues. A special sector focus lies on the transport industry, such as aviation and shipping, while social housing is also an increasingly important area for the practice. Frankfurt-based practice head Hans-Georg Kamann has experience in litigation and is supported, among others, by special counsel Peter Gey.

Practice head(s):

Hans-Georg Kamann

Other key lawyers:

Peter Gey

Key clients

Bundesrepublik Deutschland – Bundesministerium für Wirtschaft und Energie

INC SpA und Consorzio Stabile Sis SCpA

Jugendherberge Berlin Ostkreuz gGmbH

Onyx Power

Work highlights

  • Representation of INC SpA and Consorzio Stabile Sis SCpA in state aid lawsuits before the EuG with high economic and political importance.
  • Advising Onyx Power in connection with a state aid complaint against the German Coal Phase-Out Act.
  • Advice on state aid law and representation of youth hostel Berlin Ostkreuz/DJHV in a fundamental case regarding German youth hostels – competitor lawsuit against German youth hostels under state aid law.

CMS

CMS' state aid practice focuses on assisting with large-scale projects and advising the public sector, including several federal states and the Federal Republic of Germany's finance agency; here, the group was particularly active in advising on pandemic-related stabilisation funds. The team also acts before German and European courts and in complaint procedures before the Commission. After the previously Frankfurt-based Heinz-Joachim Freund retired, the practice is now only represented in Brussels. Practice head Michael Bauer draws on longstanding experience and leads the competition and EU team.

Practice head(s):

Michael Bauer

Testimonials

‘Broad range in the specialist areas; many years of experience involving young people.’

‘Specific view of the peculiarities of public clients; good communication skills both towards clients and third parties involved.’

GvW Graf von Westphalen

GvW Graf von Westphalen's team impresses with 'quick familiarisation as well as a high level of understanding of industry-specific aspects' and continues to act for both aid granters and beneficiaries. The practice advises federal states, airports and companies from various sectors, with a focus on infrastructure, real estate as well as research and development, on a wide range of state aid issues, but also represents clients before the European Commission and in highly complex contentious proceedings. Practice head Gerd Schwendinger, who is considered an experienced and renowned state aid expert, splits his time between Hamburg and Brussels.

Practice head(s):

Gerd Schwendiger

Testimonials

‘The core team of specialists will be supplemented as needed. The structures of the team are clearly recognizable. Permanent, even short-term availability is ensured.’

Key clients

Flughafen Paderborn/Lippstadt GmbH

Freie und Hansestadt Hamburg, Behörde für Wirtschaft, Verkehr und Innovation

HafenCity Hamburg GmbH

HEAG mobilo GmbH

Land Nordrhein-Westfalen (Landesbetrieb Wald und Holz Nordrhein-Westfalen und Umweltministerium)

Mahr EDV GmbH

Makea Industries GmbH

Marktgemeinde Großostheim

Ministerium für Umwelt, Landwirtschaft, Natur- und Verbraucherschutz des Landes Nordrhein-Westfalen

Ministerium für Wirtschaft, Innovation, Digitalisierung und Energie des Landes Nordrhein-Westfalen

Ministerium für Wirtschaft, Verkehr, Arbeit, Technologie und Tourismus des Landes Schleswig-Holstein

Nordzucker AG

Rheinisch-Westfälische Technische Hochschule (RWTH) Aachen

SNP-Gruppe (großer Betreiber von Tierkörperbeseitigungs-anstalten)

ViMAP GmbH

Kapellmann und Partner

Kapellmann und Partner's state aid practice advises on the design of support measures and the development of financing concepts and also has experience in notification procedures, state aid complaints, state aid assessment procedures and representation before EU courts. The practice is instructed by federal states, municipalities, automotive companies and airports, among others. Practice head Robin van der Hout has 'good political flair and excellent connections with EU institutions' and Christian Wagner is considered 'legally well versed and creative'.

Practice head(s):

Robin van der Hout

Other key lawyers:

Christian Wagner

Testimonials

‘Very competent advice on state aid law.’

‘Prof. dr van der Hout: Very good knowledge.’

‘Very personal approach and high reaction speed, broad experience in EU law, especially in state aid law and related legal areas. Highly specialized team that can easily keep up with all the larger units in the market.’

‘Prof. dr van der Hout: Very competent consultant with a lot of experience in the EU environment and in particular in state aid law, highly specialized and at the same time practical approach, good political instinct and excellent connections with the EU institutions, many years of experience in the aviation sector.’

‘Dr. Christian Wagner: Very competent expert on state aid law, very well versed in law and creative.’

Luther Rechtsanwaltsgesellschaft mbH

With a team spread over several locations, Luther Rechtsanwaltsgesellschaft mbHMeet the Team‘s broad state aid practice is not only active at regional and municipal level, but also for various companies before the Commission and the ECJ. Instructions from the public sector still account for a significant part of its caseload, with the team recently becoming particularly active in advising on Covid-19 financial aid issues. The ‘excellent, practice-oriented, precise, forward-looking‘ Helmut Janssen in Brussels jointly heads the practice with the Hanover-based Ulf-Dieter Pape. They are supported by associate Markus Nagel, who specialises in state aid and subsidy law.

Other key lawyers:

Stefan Mager; Markus Nagel

Testimonials

‘To the point, practice-oriented, understandable, easy to understand, cooperative.’

‘Dr. Helmut Janssen: Outstanding, practice-oriented, precise, forward-looking.’

‘Dr. Mager: Practical expert opinions, discussions at eye level, thinking outside the box, integration into internal teams possible.’

Key clients

Stadt Jena

Wepa Hygieneprodukte GmbH

TourismusMarketing Niedersachsen

Lausitz Energie Kraftwerke AG

Wohnungsbaugesellschaft Velbert mbH

Cinémathèque Leipzig e.V.

Gasometer Oberhausen GmbH

Landkreis Mittelsachsen, Landkreis Nordsachsen

Palfinger Platforms GmbH

Zoo Hannover GmbH

Investitions- und Förderbank Niedersachsen – NBank

Bochumer Veranstaltungs-GmbH

Landesnahverkehrsgesellschaft Niedersachsen

IHK Industrie- u. Handelskammer für München u. Oberbayern

Work highlights

  • Examination and approval of more than 40,000 applications for November and December aid on behalf of the investment and development bank Lower Saxony-NBank as the approval body for all of Lower Saxony.
  • Advising the regional transport company of Lower Saxony on the transfer of funds from the public transport rescue package to the local public transport companies in Lower Saxony in accordance with state aid law.
  • Advice on state aid law to the Bochumer Veranstaltungs-GmbH on the planned construction of a vaccine center in the Ruhrcongress Bochum, in particular an examination of prohibited double subsidies and distortions of competition through DAWI services as well as an examination of any implications under state aid law due to the overall lease structure.

Müller-Wrede & Partner Rechtsanwälte

Taylor Wessing

Taylor Wessing's practice offers a wide range of state aid advice to federal ministries, banks and international companies, with a focus on the public finance, infrastructure and healthcare sectors. The team advises on state aid aspects related to various large-scale projects and recently often assisted public finance sector clients with matters pertaining to financial Covid-19 aid. Marco Hartmann-Rüppel in Hamburg heads the practice.

Practice head(s):

Marco Hartmann-Rüppel

Other key lawyers:

Michael Brüggemann

Key clients

Aqseptence Group GmbH

Bayer AG

Bayern LB

BP Europa SE

Bundesministerium der Verteidigung

Bundesministerium des Inneren (BMI)

COMPEON GmbH

Deutsche Bank AG

DKV MOBILITY SERVICES

e.novum Lüneburg

Falk & Ross Group Europe GmbH

Flughafen Zweibrücken / Brinkmann & Partner

Giesecke+Devrient GmbH

Hedosophia Group Limited

Helaba

Ibeo Automotive Systems GmbH

Landesbetrieb Berlin Energie

MEG Mülheimer Entsorgungsgesellschaft mbH

NORD Holding Unternehmensbeteiligungsgesellschaft

Norddeutsche Landesbank Girozentrale

Oberberg Gruppe

Pluta Insolvenzverwaltung

Stadt Duisburg

Telefónica SA

Thüga Erneuerbare Energien GmbH & Co. KG

Thüringer Netkom

thyssenkrupp Materials Services GmbH

Via Outlet Germany Management Services GmbH

ViaVan Technologies B.V.

Work highlights

  • Advising the Federal Ministry of Defense on the federal government’s 25.1% stake in Hensoldt AG. Advice on state aid law and support of the transaction vis-à-vis the EU Commission.
  • Comprehensive EU state aid advice to Telefónica SA on broadband expansion in Germany; Cross-practice advice to Telefónica on the establishment of a joint venture with Allianz Capital Partners for fiber optic expansion in Germany.
  • Advice on state aid law to Giesecke+Devrient as part of the seller due diligence in Project Horizon for the spin-off and subsequent share deals regarding two parts of Giesecke+Devrient GmbH.

White & Case LLP

White & Case LLP fields ‘ very good lawyers with extensive experience in state aid law‘ who advise a client base consisting of energy supply companies, financial institutions, pharmaceutical companies and airlines, on state aid compliance among other matters; most recently, the group was particularly active in assisting companies severely affected by the pandemic. Counsel Christoph Arhold in Brussels and Berlin leads the team; he is known for his European law expertise regarding the internal market, foreign trade and state aid. Kai Struckmann has now left the firm.

Practice head(s):

Christoph Arhold

Testimonials

‘Very good lawyers with extensive experience in state aid law.’

‘Particularly recommended: C. Arhold (Berlin). ‘

Baker McKenzie

With an industry focus on broadband infrastructure, life sciences and technology, Baker McKenzie advises both German and a wide range of international companies on pandemic-related funding opportunities as well as in connection with transactions. The close cooperation with other practice areas, in particular corporate, IP, public procurement and real estate, is also of central importance for the team. Marc Gabriel heads the public commercial law practice and draws on 20 years of professional experience. The two counsels Andreas Schulz and Janet Butler are particularly active in state aid issues.

Practice head(s):

Marc Gabriel

Other key lawyers:

Janet Butler; Andreas Schulz

Key clients

EP Power Europe

BLOMSTEIN Rechtsanwälte

Boutique offering BLOMSTEIN Rechtsanwälte, which specialises in regulatory and antitrust advice, has a 'very good and well-established team' in state aid matters and provides integrated consulting services at the interface to public procurement law as well as state aid due diligence in the context of M&A transactions in cooperation with selected best-friends firms. The team continues to support clients in the context of the Covid-19 crisis and is becoming increasingly active in assisting with monitoring trustee matters. Practice head Max Klasse has 'good industry knowledge' with experience in the industrial, postal and transport services sectors.

Practice head(s):

Max Klasse

Testimonials

‘Very good and well-established team with high efficiency and responsiveness.’

‘Max Klasse: Top, always reliable, good industry knowledge.’

Key clients

Qell

Work highlights

  • Advice on merger control law and EU state aid to SPAC Qell Acquisition on a billion-dollar merger with Munich-based air taxi manufacturer Lilium.
  • Legal advisor to the Monitoring Trustee Team on the monitoring of the structural and behavioral commitments in the aid decision on France’s recapitalization measures to support Air France in the context of the Covid-19 crisis.

GSK Stockmann

GSK Stockmann's state aid team is jointly led by the Munich-based Wolfgang Würfel, who has experience in municipal projects, and Arne Gniechwitz in Hamburg; the latter has particular expertise in matters relating to seaport infrastructure. The practice includes state aid advice on the financing of public infrastructure, especially in the transport sector, as well as a wide range of advice to the public sector and its companies. Advice to municipalities and state aid classification of concept awards represents another growth area for the practice. Many instructions entail public procurement aspects; the group's expertise in this regard was strengthened by the arrival of Friedrich Hausmann from PwC Legal (PricewaterhouseCoopers Legal AG Rechtsanwaltsgesellschaft) in July 2020.

Testimonials

‘Excellent knowledge, especially in the area of state aid law for ports, EU subsidies, law of international cooperation, international tax law problems are also included. There is a competent contact person for every special problem.’

‘Particularly noteworthy is Dr. Arne Gniechwitz. Always excellently prepared, extremely competent, and very pleasant to deal with personally. Responds immediately to inquiries. Here you get excellent advice and are in good hands.’

‘Very well versed, hands-on: Dr. Arne Gniechwitz!’

Key clients

Duisburger Hafen AG

Flughafen Bremen GmbH

Stadt Giengen an der Brenz

KVVH GmbH – Karlsruher Versorgungs-, Verkehrs- und Hafen GmbH

Landwirtschaftskammer Niedersachsen Körperschaft des öffentlichen Rechts

NiedersachsenPorts & GmbH & Co. KG

WBM Wohnungsbaugesellschaft Berlin-Mitte mbH

Work highlights

  • Advice on state aid law to coparion GmbH & Co. KG on changing its investment guidelines for the provision of venture capital to start-ups and on coordinating these changes with the BMWi and the European Commission.
  • Advice on state aid law to Flughafen Bremen GmbH.
  • Advice on public procurement and state aid law to Duisburger Hafen AG on the conclusion of a heritable building right contract and the establishment of a joint venture in connection with the construction and operation of a new trimodal container terminal as part of the Belt and Road Initiative/New Silk Road.

Hogan Lovells International LLP

Marc Schweda in Hamburg heads Hogan Lovells International LLP's state aid practice, which cooperates closely with the firm's antitrust and public procurement teams. The group advises both the public sector and private companies from the finance, mobility and gaming sectors on state aid law, while the team was recently particularly active in assisting with Covid-19 stabilisation measures and climate protection future projects . The team further assists with state aid complaints before the Commission.

Practice head(s):

Marc Schweda

Testimonials

‘Extremely high level of expertise in the field of aid and experience in implementing measures.’

‘Marc Schweda: Very extensive experience paired with a high level of pragmatism and extreme solution orientation, large helpful network, extremely good knowledge of the legal situation and the possibility of ad hoc answers in spontaneous meetings.’

Key clients

Bundesrepublik Deutschland –

Finanzagentur GmbH 2020 Nein

FlixMobility

Bawag

Montan-Stiftung-Saar

Wirtschaftsvereinigung Stahl

Autobahn Tank & Rast GmbH

NRW.BANK

Work highlights

  • Support for the stabilization measure by the Economic Stabilization Fund (WSF) to Deutsche Lufthansa AG as part of the Economic Stabilization Act.
  • Advising Finanzagentur GmbH on the granting of a stabilization measure by the Economic Stabilization Fund (WSF) to GALERIA Karstadt Kaufhof GmbH as part of the Economic Stabilization Act.
  • Comprehensive public law, regulatory, gambling law, EU public procurement law, state aid law, corporate law, tax law and labor law advice to the NRW Bank on the strategic planning, preparation and implementation of the sale of all shares in the WestSpiel Group to a private buyer.

Jones Day

With Philipp Werner at the Brussels office, Jones Day fields a practice head with extensive experience in European state aid and competition law. The team advises and represents European member states, telecommunications and aviation companies as well as clients from the energy sector in state aid investigations, investigation procedures and complaints before the Commission as well as in court proceedings. Due to the firm's cross-office and cross-practice structure, the team, which is mostly based in Brussels, frequently cooperates with colleagues in London or Paris.

Practice head(s):

Philipp Werner

Key clients

IFP Énergies nouvelles (IFPEN)

Work highlights

  • Representation of a ministry of an EU member state that is responsible, among other things, for the expansion of the broadband network in said country. The EU Commission has approved the plan under EU state aid rules. Advising the client on submitted complaints and potential litigation.
  • Advice and representation of IFP Énergies nouvelles (IFPEN) in proceedings before the CFI. The court annulled for the second time a decision by the European Commission that IFPEN had received state aid in connection with its public law status.
  • Advice on state aid law to a telecommunications company on the submission of a state aid law complaint against a European republic regarding the award of mobile communications licenses; The Commission has opened the formal investigation procedure as a result of the complaint.

Noerr

Spread across locations in Brussels and Germany, Noerr's state aid team continues to be active at EU level as well as nationally and regionally. Particularly noteworthy is the representation of Condor, both in state aid proceedings before the Commission and in a dispute with Ryanair before the European Court. The antitrust practice is headed by Fabian Badtke and also houses the state aid team, which is jointly led by Jens Peter Schmidt (Brussels and Düsseldorf) and Sarah Blazek (Munich and Brussels).

Practice head(s):

Fabian Badtke

Other key lawyers:

Jens Peter Schmid; Sarah Blazek

Key clients

Condor

Hamburgische Investitions- und Förderbank

Nord Stream 2

Stadt München

WDR Köln

Work highlights

  • Advising Condor Flugdienst GmbH on the rescue financing approved by the EU Commission in the form of a €550 million loan.
  • Representing Condor Flugdienst GmbH as intervener for the European Commission in the dispute with Ryanair regarding the lawful approval of state aid in the form of loans (€380 million and €550 million) in two proceedings before the General Court of the European Union in Luxembourg (EuG).
  • Advising the investment and development bank (IFB Hamburg) in connection with the establishment of the Hamburg Stabilization Fund (HSF) in accordance with state aid law.

Pinsent Masons Germany LLP

With a strong specialisation in the sciences and research sphere, Pinsent Masons Germany LLP's practice positions itself at the interface of sciences and economy and advises large universities and colleges, research institutions and research-intensive companies on state aid matters. Most recently, the practice was able to expand its client portfolio to include various English universities, which the team assists with Brexit-related issues, as well as a federal ministry that is being advised on fund set-ups. Practice head Anke Empting is 'highly competent in complex issues relating to state aid'.

Practice head(s):

Anke Empting

Other key lawyers:

Julia Paul; Sebastian Niehues

Testimonials

‘In my view, it is one of the few highly specialized law firms in Germany.’

‘Ms. Empting is highly competent in complex subsidy issues.’

Key clients

BSP Business School Berlin

GNA Biosolutions GmbH

MSB Medical School Berlin

MSH Medical School Hamburg

MSH Medical School Hamburg / SNF Stiftungsinitiative Nachwuchsförderung an privaten Hochschulen gemeinnützige GmbH

Universität des Saarlandes

Universität Duisburg-Essen

Universitätsklinikum Duisburg-Essen

Coventry University

FernUniversität Hagen

University of Oxford

PwC Legal (PricewaterhouseCoopers Legal AG Rechtsanwaltsgesellschaft)

PwC Legal (PricewaterhouseCoopers Legal AG Rechtsanwaltsgesellschaft)'s practice acts both at national and EU level and assists the public sector and private companies with state aid issues. The group particularly focuses on the automotive sector and on assisting with Important Projects of Common European Interest (IPCEI). State aid expert and practice head Jan-Philipp Otter has relevant experience in proceedings before the European Commission and national authorities and also impresses with 'political sensitivity, availability and the organization of good, suitable teams'.

Practice head(s):

Jan-Philipp Otter

Testimonials

‘Good, quick work, spontaneously great resources, expertise, experience.’

‘Jan Otter: Expertise in state aid law, political sensitivity, availability, organization of good, suitable teams.’

Key clients

DLR (Deutsches Zentrum für Luft- und Raumfahrt)

European Global Navigation Satelite Systems Agency

Bundesministerium für Verkehr und Digitale Infrastruktur

328 Support Services GmbH