State Aid & EU Funds

The legal services offered by WKB include advice on state aid matters, which are mainly related to the use of European union and domestic funds, undertakings of local government units and municipal entities to the benefit of businesses, and restructurings of capital groups in which shareholders are companies owned by the State Treasury (e.g. sale of assets, making in-kind contributions and acquisitions of shares). WKB also advises on services related to aid granted to businesses before May 1, 2004 (Poland becoming a member of EU), the assessment of initiatives of European Union institutions concerning the effective use of EU funds from the state aid point of view, and assessment of the risk of "transferring" obligations to return aid to an entity different from the one which granted it. Our state aid lawyers draft opinion letters concerning contracts and agreements (e.g. related to project implementation) with respect to state aid or other concessions granted to businesses by government bodies.

The firm also advises Polish businesses in state aid proceedings commenced by the European Commission and domestic entities.

WKB team members participate in training sessions on various state aid matters organized in Poland as well as abroad.

Our state aid and EU funds practice services include:

  • Issuing legal opinion letters on state aid both for companies and public entities (e.g. ministries, marshal offices etc.);
  • Analysing domestic and EU-based funding opportunities for businesses under state aid regulations;
  • Analysing the occurrence of state aid in projects concerning financial engineering instruments realized in Poland within the framework of regional operational programmes (JEREMIE, JESSICA projects);
  • Analysing possibilities for local governments subsidizing their subsidiary companies;
  • Business restructuring assessments for compliance with state aid rules;
  • Assessment of the risk of transferring unlawful state aid to other entities eg. buyer of assets;
  • Assessment of supervised entities undertakings from the state aid point of view by the government institutions (private investor or creditor test etc.);
  • Assessment of aid granted before May 1, 2004;
  • Analysis of compensation rules for services of general economic interest.

WKB provides legal advice in relation to the functioning of operational programme implementation system, particularly in the context of financial engineering instruments such as suretyship, loans or venture capital. WKB’s team actively participates in the implementation of the JEREMIE initiative (Joint European Resources for Micro-to-Medium Enterprises), particularly by developing tender documentation, providing legal advice and drafting legal opinions pertaining to matters related to the implementation of this initiative. Moreover, WKB prepared the EU-commissioned study on the implementation of the JESSICA initiative (Joint European Support for Sustainable Investment in City Areas) in Poland.

WKB also advises clients on matters related to the proper completion of investments financed from state aid (both EU and domestic) in particular with reference to the risk of received aid reimbursement.