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State aid in Germany

Gleiss Lutz

Led by the Brussels-based Ulrich Soltesz, Gleiss Lutz' state aid practice assists a broad spectrum of high-profile, often internationally active clients. These are predominantly corporations seeking state aid advice in their role as beneficiaries and claimants, including German and international blue-chips, while clients from the infrastructure, manufacturing and finance sectors are of particular importance to the practice. State governments and federal ministries also regularly instruct the firm; the group has a particular strong relationship to Northrhine-Westphalia. The team is increasingly advising on compliance matters, assists with transactions and was further able to increase its activity in the banking sector. Furthermore, the firm recently also managed to grow on personnel level and Harald Weiß, who acts in large-scale proceedings, made counsel.

Practice head(s):

Ulrich Soltész

Key clients

NordLB (Aufsichtsrat)

Deutsche Bundesbank

DSGV- Deutscher Sparkassen- und Giroverband

Deutsche Bahn AG

Globalfoundries

KFW Bankengruppe

Work highlights

  • German Bundesbank: Representation of the Deutsche Bundesbank in the preliminary ruling procedure C-493/17 before the ECJ regarding the constitutional admissibility of the ECB's bond purchase program; Very important case with intensive reporting on general European law in the area of financial regulation.
  • NordLB (Supervisory Board): Advising the supervisory board of Norddeutsche Landesbank Girozentrale (Nord / LB) on the sale of a ship loan portfolio with a volume of around 2.7 billion euros to a US investor.
  • DSGV - German Savings Banks and Giro Association: Preparation of an expert opinion on EU legal issues.

Hengeler Mueller

Jointly headed by Jan Bonhage in Berlin and Hans-Jörg Niemeyer in Brussels, Hengeler Mueller's state aid practice continues to be one of the top addresses in this field. The team assists with high-profile matters spanning an extensive bandwidth of industrial sectors, from aviation and finance to energy and infrastructure. The practice encompasses state aid advice on transactions, such as mergers, and assistance with audits and proceedings before the European Commission. Beneficiaries, competitors and state aid granting authorities are represented before authorities and courts on national as well as European level. Most recently, the team was also sought-after for advice on funding programmes and stabilisation measures in relation to Covid-19 consequences.

Key clients

Cerberus Capital Management

Deutsche Lufthansa AG

Ungarisches Ministerium für Innovation und Technologie

Work highlights

  • Cerberus Capital Management: Proposal to acquire a minority stake in NORD / LB Norddeutsche Landesbank Girozentrale, a state-owned bank of the state of Lower Saxony.
  • Deutsche Lufthansa AG: Representation in EU state aid proceedings due to COVID-19 stabilization measure.
  • Hungarian Ministry of Innovation and Technology: Advice on EU state aid and grant law on Simplified Cost Options (SCO) and other topics in the ERDF program.

Redeker Sellner Dahs

Redeker Sellner Dahs' state aid practice advises financial institutions and demonstrates expertise in environmental state aid as well as digitalisation, energy, research and development. For state aid assistance, the team is an important key contact for the public authorities. Core activities include supporting clients in their role as intervener, advice on the design of funding programmes, assistance with land transactions for the public authorities as well as representing clients before European and national courts. Most recently, Covid-19-related state aid issues were a particular focus for the group. The Bonn- and Brussels-based Andreas Rosenfeld, a proven and frequently recommended expert, heads the team; Clemens Holtmann in Brussels and Kathrin Dingeman were promoted to senior counsel and counsel respectively.

Practice head(s):

Andreas Rosenfeld

Testimonials

' Committed and personable. '

' Dr. Lünenbürger: Very good networking of legal and economic aspects. '

Chatham Partners LLP

Boutique offering Chatham Partners LLP specialises in advice in the infrastructure, energy and real estate sectors. In the state aid sphere, the group has a distinct focus on infrastructure projects and facilities such as airports, housing associations and port corporations, while the group advises both the public authorities as well as private companies. The team assists and represents clients also in state aid complaints. The Hamburg-based Marco Núñez Müller, who has longstanding experience and a great reputation in the state aid space, heads the practice. In recent years, the firm has experienced personnel growth and welcomed counsel Miriam le Bell, previously at Hamburg-based firm Dr Mittelstein & Partner, in April 2019.

Practice head(s):

Marco Núñez Müller

Key clients

Hansestadt Lübeck

LHG – Lübecker Hafengesellschaft mbH

Stöcker Flughafen GmbH & Co. KG (Flughafen Lübeck)

FMO Flughafen Münster/Osnabrück GmbH

Zweckverband linkes Weserufer

GEWOBA AG

Lübeck Port Authority

Deutscher Bundestag

FDP-Bundestagsfraktion

Hochtief AG

Work highlights

  • Lübeck Hafen-Gesellschaft mbH: Creation of several aid complaints against various Baltic ports (including Rostock, Wismar), which have received a wide range of extensive subsidies from the state of Mecklenburg-Western Pomerania and their municipal shareholders at the expense of the port of Lübeck and which are used on the one hand to expand their ports and on the other hand to entice port customers from competing Baltic ports.
  • GEWOBA AG: Advice on state aid law in connection with various real estate transactions between GEWOBA AG and the federal government or the state of Bremen.
  • Hanseatic City of Lübeck: Advice on state aid law in connection with the sale / acquisition of shares in Lübecker Hafen-Gesellschaft mbH (LHG), which are currently held by the private port investor RREEF (an infrastructure fund of Deutsche Bank AG).

Dentons

In the state aid sphere, Dentons covers a broad array of services and sectors. The team advises a number of well-known market players and assists clients with occasionally significant state aid proceedings before national and European courts; here, the practice frequently works closely with the firm's other international offices. Another important part of its state aid activity is the cooperation with other practices, primarily the procurement practice. In a recent development, clients now have access to the latest status of European state aid regulation through the Dentons Covid-19 hub. Managing Partner Andreas Haak, who has longstanding experience in projects at the interface of public authorities and the private sector, and Jörg Karenfort, who divides his time between Berlin and Brussels, jointly head the team.

Practice head(s):

Jörg Karenfort; Andreas Haak

Testimonials

' The aid team of Dr. Nordmann works in a highly professional and client-oriented manner. '

' Dr. Nordmann is an excellent state aid lawyer and a very valued colleague. The cooperation was always characterized by professionalism and fairness. '

Key clients

Dt. Sparkassen und Giroverband (DSGV)

Duisburger Hafen AG (“duisport”)

logport Ruhr GmbH

Katz Entertainment CP Corp.

NeXovation Inc.

NRW.Bank

Prospitalia GmbH

Volotea S.A.

Work highlights

  • NeXovation Inc.: Comprehensive advice and representation of the US investor in the course of the state aid proceedings for the Nürburgring and the subsequent legal proceedings before the General Court of the European Union and the European Court of Justice in one of the most complex EU state aid proceedings in recent years.
  • German football club: Advice on EU state aid law regarding the leasing of a sports facility for professional football from a municipal real estate company and its possible acquisition.
  • German Savings Banks and Giro Association (DSGV): Comprehensive advice to the German Savings Banks and Giro Association (Berlin) with regard to the decision of the European Commission regarding HSH Nordbank as well as further company, banking, restructuring and aid law support for the DSGV with regard to the sale process to a group of private investors, which has now been concluded .

Müller-Wrede & Partner Rechtsanwälte

European state aid law represents an important practice group for Müller-Wrede & Partner Rechtsanwälte. Its core activities include notification procedures, competition complaints, recovery proceedings as well as due diligence and the drafting of contracts. The group represents clients before national courts and in administrative proceedings as well as in disputes before the General Court of the European Union or the European Court of Justice. Jointly led by Christoph von Donat and Gabriele Quardt, the team acts both for companies as well as for the public authorities; clients include aid granters, beneficiaries and competitors. The practice has 20 years of experience and longstanding contacts on European and national level.

WilmerHale

WilmerHale's state aid practice continues to represent clients in several significant European and national state aid proceedings and advises on multifarious facets. Its portfolio includes international projects and companies as well as national clients, that the team particularly advises on state aid disputes. The practice also assists regional clients with a focus on Hessen and Rhineland-Palatinate. The group advises both beneficiaries as well as aid granters. Here, the firm's good contacts to ministries of several federal states and public corporations is very beneficial. Hans-Georg Kamann in Frankfurt heads the team.

Practice head(s):

Hans-Georg Kamann

Testimonials

'' Personal contact with the contact person, no “team” in the background, but direct contact with the colleague who is working on it. Responds to very individual challenges. '

' Prof. Kamann is a proven expert in (EU) state aid law, he manages to break down and explain complex legal issues to individual challenges. '

Key clients

Bundesrepublik Deutschland – Bundesministerium für Wirtschaft und Energie

Gebr. Heinemann GmbH & Co. KG

Land Hessen, Hessisches Ministerium für Umwelt, Klimaschutz, Landwirtschaft und Verbraucherschutz

Land Hessen, Hessisches Ministerium der Finanzen

Jugendherberge Berlin Ostkreuz gGmbH

Wirtschafts- und Infrastrukturbank Hessen

Work highlights

  • Federal Republic of Germany - Federal Ministry for Economic Affairs and Energy: Defense of the Federal Republic of Germany against an application for an interim injunction (or after completion of an application for a declaration) by the airline Germania for allegedly imminent aid violation in connection with a loan of EUR 150 million to the insolvent airline Air Berlin.
  • INC SpA and Consorzio Stabile Sis SCpA: Complaint of the client under state aid law to the Commission (DG Competition) against the expansion / extension of existing concessions for the operation of the Italian motorway network planned by the Italian government without a tender procedure for the "cross-financing" of new motorway routes. Current legal proceedings before the CFI against the Commission decision of April 27, 2018 for the approval of the Italian government's plans under state aid law.

Baker McKenzie

Baker McKenzie's state aid practice demonstrates strength in the broadband infrastructure and real estate sectors, as well as in its advice to companies with a high research and development proportion particularly in the life sciences and technology industries. The team works closely with other practices such as the procurement or IP team while it recently particularly expanded its cooperation with the corporate and M&A practice. The focus lies on risk-minimising advice. The team is headed by Marc Gabriel; Nina Niejahr in Brussels and counsel Janet Butler in Berlin are other key contacts.

Practice head(s):

Marc Gabriel

Other key lawyers:

Janet Butler; Nina Niejahr

CMS

CMS' state aid practice is led by Michael Bauer in Brussels; he is supported by Heinz-Joachim Freund in Frankfurt. The team advises clients on general state aid issues and also represents them before the EU Commission as well as before the European Court of Justice and the General Court of the European Union. The client portfolio includes housing associations of state capitals, big corporations, financial companies and hospitality sector players.

Practice head(s):

Michael Bauer

Other key lawyers:

Heinz-Joachim Freund

GvW Graf von Westphalen

In the state aid space, GvW Graf von Westphalen is broadly positioned and assists both clients on public level as well as companies across various sectors. Key areas for the group include real estate, research and development as well as aviation. The team advises clients on state aid issues, represents them before national and European courts while its day-to-day business also includes supporting other practice areas with relevant state aid advice. The frequently recommended Gerd Schwendinger heads the practice from the Hamburg and Brussels offices and has longstanding and multifaceted experience in state aid matters.

Practice head(s):

Gerd Schwendiger

Testimonials

' The law firm GvW has a very well-established specialist area for all questions in the area of aid, antitrust law and public law. The team-oriented advice is coordinated internally and thus presented in a very customer-oriented manner and brought to the point. The advice and representation in the process shows the high level of competence of the team. '

' The lead attorney (Dr. Suess) coordinates the team working for us (Dr Suess, Dr Schwendinger, Mr Nündel, Mr Kusulis and leads the negotiations with the support of his colleagues confidently and without discernible frictions.'

'Dr. As a specialist in EU state aid law, Schwendinger is an absolute pillar of the arguments when it comes to complex aid issues. '

'A broad team in public law and special expertise in state aid law, also a lot of litigation experience .'

' Dr. Gerd Schwendinger, broad knowledge and practical approach, well connected. '

Key clients

HafenCity Hamburg GmbH

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

Flughafen Paderborn/Lippstadt GmbH

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

Makea Industries GmbH

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

Allgäu Airport GmbH & Co. KG

Bundesamt für Wirtschaft und Ausfuhrkontrolle (BAFA)

Fine Art Print GmbH

Mahr EDV GmbH

Marktgemeinde Großostheim

Nordzucker AG

Rheinisch-Westfälische Technische Hochschule (RWTH) Aachen

SNP-Gruppe (großer Betreiber von Tierkörperbeseitigungsanstalten)

Universitätsklinikum Düsseldorf

ViMAP GmbH

Work highlights

  • Paderborn / Lippstadt Airport GmbH: Advising the airport on state aid law in various contexts.
  • Makea Industries GmbH: Advice on subsidy law regarding research projects.
  • State of North Rhine-Westphalia (State Office for Forest and Wood North Rhine-Westphalia and Ministry of the Environment): Advice and representation before the EU Commission and national courts in a legal dispute with the Austrian timber company Klausner in connection with timber supply contracts.

Jones Day

Jones Day's state aid practice has significant strength in the finance sector while the team also advises clients from the aviation and telecoms industries. The group assists with issues related to rescue and restructuring aid, state aid complaints and takeovers. Here, the firm's targeted location-independent, cross-practice approach is particularly beneficial. Frequently recommended expert for European competition and state aid law Philipp Werner heads the team in Brussels.

Practice head(s):

Philipp Werner

Key clients

Credit Suisse

VTB Bank (Europe) SE

Immobilieninvestor

Nationale Fluggesellschaft

EU Mitgliedsstaat

Telekommunikationsunternehmen

Work highlights

  • EU member state (anonymous client): Representation of a ministry 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 possible legal disputes.
  • National airline (anonymous client): Review of the client's restructuring plan with regard to the regulations of the EU Commission and the state's own commission for state aid.
  • Telecommunications company (anonymous client): Advice on state aid law when submitting a state aid law complaint against a European republic because of the granting of mobile phone licenses. The Commission has indicated that it intends to open the formal investigation procedure on the basis of the complaint.

Kapellmann und Partner

With a specialism in European state aid law, Kapellmann und Partner's service offering includes advice on state aid-compliant design of support measures, notification proceedings before the European Commission, state aid complaints as well as representation in state aid investigations. The group also assists with the development of state aid-compliant financing concepts and regularly represents aid granters, beneficiaries as well as competitors before national and European courts. The automotive industry, aviation sector and advice to the public authorities are sector focuses for the group. Clients also include professional German football clubs. Brussels-based European commercial law expert Robin van der Hout heads the state aid practice; Christian Wagner is another important key lawyer in this field.

Practice head(s):

Robin van der Hout

Other key lawyers:

Christian Wagner

Testimonials

'' Very fast processing of even highly complex questions. Good understanding of business issues. Work results can be used practically without further ado. '

' It is impressive how the variety of topics in the assignments are processed by the respective lawyers with special knowledge, or in the case of highly complex issues in a team. This results in extremely competent and always well-balanced order results that guarantee the customer excellent advice and solutions from a single source. '

' In state aid law we have been working with Prof. Robin van der Hout, Brussels, for many years. He is highly competent in this field, extremely innovative and always develops customer-oriented and very successful solutions. His excellent negotiating skills with the EU authorities, the national ministries and critical complainants are particularly worth mentioning. His prompt way of working and his excellent written interpretations were always effective for our company. Overall, the personality and way of working of Prof. van der Hout clearly stand out from the employees of other law firms. We are extremely satisfied with him and the Kapellmann family. '

Luther Rechtsanwaltsgesellschaft mbH

Luther Rechtsanwaltsgesellschaft mbH's state aid advice strategically focuses on public corporations and the energy sector. Subsequently, a large proportion of its client base is made up by the public authorities and companies from the energy industry, although its portfolio also encompasses housing associations and tourism and entertainment companies. Energy clients seek state aid advice related to the phasing out of coal energy while the group also already represented clients in proceedings concerning the Renewable Energy Act against the European Commission. Helmut Janssen in Brussels and Ulf-Dieter Pape in Hanover, who are both renowned experts in state aid law, jointly head the practice. Since February 2020 new arrival Stefan Mager, previously at Aulinger Rechtsanwälte, has strengthened the state aid practice together with his Essen-based team and further promoted the practice's cooperation with the firm's procurement team.

Other key lawyers:

Stefan Mager; Markus Nagel

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, Stadt Solingen, Stadt Chemnitz

Palfinger Platforms GmbH

Zoo Hannover GmbH

Work highlights

  • City of Jena: Advice on state aid law and design of the new stadium in Jena. The procedure is concluded with a comfort letter from the European Commission.
  • Wepa Hygieneprodukte GmbH: Annulment action before the European Court of Justice against the decision of the European Commission on Germany’s state aid for baseload consumers according to §19 StromNEV.
  • Tourism Marketing Lower Saxony: State aid examination of the admissibility of the free certification of tourism service providers in Lower Saxony.

Taylor Wessing

Taylor Wessing stands out for its broad state aid advice offering which often entails cross-border cooperation with the procurement or environmental and planning practices of the firm. The group focuses on the infrastructure, healthcare and public finance sectors, while clients include internationally known companies but also public service providers, ministries and federal states. Most recently, its advice to companies on applying for Covid-19 aid played an increasingly big role. The competition, EU and trade practice is led by Marco Hartmann-Rüppel; Michael Brüggemann is another key contact.

Practice head(s):

Marco Hartmann-Rüppel

Other key lawyers:

Michael Brüggemann

Key clients

Bundesministerium des Innern (BMI)

Helaba

Land Niedersachsen

Stadt Mülheim an der Ruhr

Thüringer Netkom

Work highlights

  • Federal Ministry of the Interior (BMI): Advice on EU state aid law on the IT consolidation of the federal government (the so-called IT service network, including the IT service providers BWI GmbH and ITZBund). In addition to EU state aid law, the advice also includes procurement, competition and tax law.
  • State of Lower Saxony: Advice on EU state aid and public procurement law on the award of concessions and airport fees at Hanover and Braunschweig / Wolfenbüttel airports
  • Helaba Hessische Landesbank: Advice on EU state aid law on the “Deutzer Hafen” project. In particular advice on the compatibility of municipal guarantees with EU state aid law.

BEITEN BURKHARDT

With 20 years of experience and a good network on national and European level, BEITEN BURKHARDT's state aid practice stands out for its broad spectrum of German and European clients while Eastern Europe represents a certain focus. The team represents clients in state aid matters before the European Court of Justice and the European Commission and also assists with state aid issues related to new investments with the EU. Dietmar Reich, who divides his time between Brussels and Hamburg, jointly heads the practice with Uwe Wellmann in Berlin.

Practice head(s):

Dietmar O. Reich; Uwe Wellmann

Other key lawyers:

Rainer Bierwagen; Christian Hipp

Key clients

USB Umweltservice Bochum GmbH

HEP Hrvatska Elektroprivreda

Klausner

Benteler International

Fakt AG

Beisheim Stiftung

Regierung Litauen

Steiger Stiftung

Work highlights

  • Klausner International AG: Representation in the EU Complaint by NRW forest companies due to alleged aid in favor of Klausner in accordance with the timber supply contract.
  • CCTA – Collagen Casings Trade Association: Advising the international association and its members on questions of state aid law and action against illegal aid.
  • USB UmweltserviceBochum GmbH: Legal dispute against Remondis over possible cross-subsidies.

BLOMSTEIN Rechtsanwälte

BLOMSTEIN Rechtsanwälte frequently offers clients state aid support in relation to its integrated advice at the interface to antitrust and procurement law. The firm, which was founded in 2016, has recently been able to attract pure state aid matters pertaining to issues arising from the Covid-19 pandemic. The group assists public service providers as well as medium-sized and large corporations with matters pertaining to contracts with the public authorities, access to regional aid and the remuncipalisation of unprofitable companies. The team also represents clients in state aid-related proceedings. Max Klasse, who has considerable expertise in state aid and regularly publishes in this field, heads the team.

Practice head(s):

Max Klasse

Testimonials

' Great boutique with dynamic and knowledgeable lawyers. '

' Max class is one of the best. '

' A compact team with incredibly good legal personalities. Everyone is great there – from partner to junior associate. '

'' Experienced young generation aid team with litigation experience in European courts and in Commission state aid proceedings. '

Key clients

CG-Gruppe

juris

Falck

German Naval Yards

Work highlights

  • CG Group: Advice on procurement and subsidy law for the CG Group in connection with digital construction / BIM; State aid issues in connection with the sale of land by the public sector.
  • German Naval Yards: Advice on state aid issues relating to contracts with the public sector.

Clifford Chance

Clifford Chance's state aid team around Düsseldorf-based Joachim Schütze and Thomas Voland advises international companies and large infrastructure projects with a sector focus on energy among other industries. For instance, the group assisted with matters related to the construction of Germany's first liquid gas terminal. As of recently, the practice also advises financing and banking experts on the implementation of Covid-19-credit schemes by KfW development bank and guarantee schemes by federal and state governments. The team cooperates closely with its offices in Brussels and Paris.

Key clients

Tesla

German LNG Terminal GmbH

Helmholtz-Zentrum für Gesundheit Münchens

KfW

Shareholder von Gas Union

Führender Hersteller von Anlagen zur Erzeugung erneuerbaren Stroms

Stadt Köln

GSK Stockmann

GSK Stockmann's state aid practice stands out for its particular strength in the infrastructure sector where its cross-border cooperation with the procurement team is of great benefit. The group has a special focus on public German port structure corporations and was recently able to expand its activity from previously exclusively offshore instructions to inland port clients. The team is also adept in assisting with land transactions for the public authorities, housing construction and services of general interest on communal level. The client base is predominantly based in Germany. Wolfgang Würfel, who has longstanding expertise in public law, and Arne Gniechwitz, a key contact for transport infrastructure matters and particularly port infrastructure, jointly head the practice.

Key clients

Duisburger Hafen AG

Hamburg Port Authority ÄoR

Niedersachsen Ports GmbH & Co.KG

JadeWeserPort Realisierungsgesellschaft mbH & Co. KG

STADT UND LAND Wohnbauten-Gesellschaft mbH

WBM Wohnungsbaugesellschaft Berlin-Mitte mbH

Stadt Giengen an der Brenz

Work highlights

  • Duisburger Hafen AG: Advice on state aid and public procurement law on the conclusion of a leasehold contract and on 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 – currently the largest inland port project in Germany.
  • Niedersachsen Port GmbH & Co.: Advice on state aid and procurement law for the expansion of port infrastructure in Wilhelmshaven for the operation of an offshore liquid gas terminal (LNG).
  • City of Giengen an der Brenz: Advice on the structuring and implementation of the concept award for a new commercial area / industrial park (40 ha) with direct motorway access.

Noerr

Clients can rely on Noerr's integrated one-stop shop advice offering which, frequently in cooperation with other practice areas, also includes state aid assistance. Part of the team's state aid practice is advice on land acquisitions or on complaints concerning state aid to competitors. In the context of the Covid-19 pandemic, the practice is increasingly confronted with new state aid issues such as the compensation for Covid-19-related loss or the compatibility of new Covid-19 aid with existing support. The team has been able to manifest its reputation in Central and Eastern Europe and occasionally also assists large corporations in Germany. Since February 2020, the Frankfurt-based Fabian Badtke jointly heads the practice with new arrival Jens Peter Schmidt in Brussels, who previously acted as managing partner of Mayer Brown's Brussels office and has longstanding experience in European antitrust and state aid law. Helge Heinrich left the Munich team in June 2020 and joined Addleshaw Goddard.

Other key lawyers:

Alexander Birnstiel

Testimonials

High level of expertise in various areas that work together on an interdisciplinary basis.

Problem-solving-oriented elaboration of expertise for specific individual cases.

Key clients

Condor

Interfloat Corporation/Glasmanufaktur Brandenburg GmbH

fan frankenstolz Schlafkomfort H. Neumeyer Gmbh & Co. KG

Stadt München

WDR Köln

Work highlights

  • Condor Flugdienst GmbH: Advising Condor Flugdienst GmbH on a loan guaranteed by the German state in the amount of EUR 550 million to compensate for corona-related losses, which was approved by the European Commission after reviewing state aid
  • Interfloat Corporation / Glasmanufaktur Brandenburg GmbH: Drafting and filing a complaint about improper aid.

Pinsent Masons Germany LLP

Pinsent Masons Germany LLP's state aid practice has a strong focus on the sciences and research sectors. Clients include universities, large research facilities and researching companies. The firm advises them on state aid issues pertaining to research cooperations, contract research, research with third-party funds as well as the design of funding structures and schemes. Hereby, practice head Anke Empting can draw on 16 years of experience in the sciences sector as well as on a strong network within this industry. Another mainstay is the interface between energy and state aid law which is based on the group's cooperation with the firm's energy team in Düsseldorf, thereby also advising on numerous projects for municipal utilities. Recently, the team has been increasingly assisting with state aid matters related to the pandemic, for instance supporting clients from the higher education space on digital measures schemes by federal states.

Practice head(s):

Anke Empting

Key clients

MSH Medical School Hamburg

MSB Medical School Berlin

BSP Business School Berlin

PROvendis GmbH

University of Oxford

IUBH Internationale Hochschule

Stadtwerke Lübeck

Stadtwerke Bielefeld GmbH

Deutsche Glasfaser Holding GmbH

Work highlights

  • MSH Medical School Hamburg: Supporting the management of the sponsoring company of the MSH Medical School Hamburg in setting up a student fund to support students in need during the corona pandemic; The emergency fund is currently financed from private funds, but with the structural design of the fund and the creation of the funding guidelines, the course has already been set in terms of EU state aid law so that the fund can also be supported with state funds.
  • MSB Medical School Berlin: Advice on numerous (network) research projects in which the MSB Medical School Berlin is involved; In terms of EU state aid law, the drafting of contracts is particularly relevant, but also the development of internal processes for the calculation of funds in accordance with state aid law and their use.
  • IUBH Internationale Hochschule: Advising the IUBH International University on the relocation of its university headquarters to Thuringia, with the advice aimed, among other things, on the University Pact III / future contract.

PwC Legal (PricewaterhouseCoopers Legal AG Rechtsanwaltsgesellschaft)

PwC Legal (PricewaterhouseCoopers Legal AG Rechtsanwaltsgesellschaft) offers national and international clients a broad spectrum of state aid advice related to financings, corporation restructuring and funding programmes as well as in relation to state aid complaints and assessments. Here, the automotive industry represents an important sector focus, while clients also include well-known international companies in other sectors as well as regional and national authorities, educational and research facilities as well as transport carriers and infrastructure facilities. Jan-Philipp Otter, who has broad experience in state aid law, heads the team.

Practice head(s):

Jan-Philipp Otter

Key clients

Behörde für Arbeit, Soziales, Familie und Integration der Freien und Hansestadt Hamburg (BASFI)

hannoverimpuls Gruppe

Flughafen Paderborn

Deutsche Bahn AG

Work highlights

  • Authority for Labor, Social Affairs, Family and Integration of the Free and Hanseatic City of Hamburg (BASFI): Legal advice on subsidies for the financing of a youth exchange and Educational institution funded by the Federal Ministry for Family Affairs.
  • Deutsche Bahn AG: Advice on state aid to a private investor test because of the planned capital increase by the federal government and other financial measures to implement the key points for the 2030 climate protection program.
  • Paderborn Airport: Advice on state aid law on airport financing, in particular notification of investment aid.

White & Case LLP

The state aid team at White & Case LLP is frequently instructed by international companies, thereby benefitting from the close cooperation with the firm's international offices particularly in Brussels. The firm also assists several aid granters with state aid matters. The team's position in the Eastern European markets continues to be strong and the team was recently able to also strengthen it in Southern Europe. Clients instruct the group for representation before the European Commission or the European Court of Justice in occasionally highly explosive proceedings, as well as for advice on funding schemes. Claims against state aid recovery decisions by the European Commission also play an important role. Most recently, the team has also been advising on governmental measures and aid in relation to Covid-19. Counsel Christoph Arhold, who divides his time between Berlin and Brussels, jointly heads the practice with Brussels-based local partner Kai Struckmann. Both have significant expertise in European regulations for state aid.

Testimonials

' Christoph Arhold – Very professional, but at the same time brings the facts quickly and precisely to the point without unnecessary trappings. '

' The team is really excellent on state aid issues and has in-depth expertise. The "go-to" law firm in this field. '

' Kai Struckmann, Partner, and Christoph Arhold, Counsel, stand out for their work on state aid issues. Kai Struckmann in particular has an excellent reputation for working on energy supply issues, including for a number of clients in Germany. Christoph Arhold distinguishes himself through his cross-sector work on questions of state aid for German clients. I would recommend White & Case as a state aid law firm. '

Key clients

Oltchim S.A.

Covestro AG (ehemals Bayer Materials u.a.)

Die Europäische Investitionsbank

Fortischem A.S.

Land Baden-Würtemberg

STEAG GmbH

Streitgenossenschaft namhafter Chemieunternehmen (u.a. Aurubis, Covestro, DOW, Wacker und Vestolit)

Work highlights

  • Fortischem a.s.: Lawsuit against aid recovery decision of the European Commission in investigation procedure SA.33797 (NCHZ).
  • Oltchim SA: Advising the insolvent Oltchim SA in state aid proceedings; Advising on the sale of the insolvent client's assets during the pending formal investigation.