Issues regarding State aid may arise in relation to urgent sector plans, but also in the event that measures are implemented to safeguard one or more businesses, or to fund a service in the general economic interest. These issues also arise in connection with the funding of R&D or infrastructure development projects, which require public funding (European guidelines on the application of rules on State aid in connection with the rapid deployment of high-speed broadband communication networks, etc.), or even by means of preferential tax arrangements which can be granted to them.
Businesses should therefore take great care with schemes that will give them direct or indirect access to public funds, to avoid having to repay them if this finance turns out to be unlawful State aid.
Conversely, companies called to fund these measures, or which are affected on a competitive level, may be interested in challenging them (and to obtain a reimbursement of the contributions they have paid).
Magenta has full knowledge of these rules, and can advise clients who are seeking assurance that these schemes do not present any risk of being classified as State aid or, on the contrary, in cases where they want to challenge the legality of a measure that they consider to be unlawful.
Some of our recent assignments :
Assisting a consortium in connection with the formation of a public-private partnership with a French public institution, which may have involved elements of State aid.
Administrative cases that enable multiple companies to obtain the reimbursement of tax classified as State aid.
