State aid and EU foreign subsidies regulation

Members of KA-Legal have been at the forefront of EU state aid law developments for more than three decades, focusing on high-impact sectors including shipbuilding, air transport, postal services, media, telecommunications, ports, energy, and financial institutions. We represent state aid recipients, complainants, and sovereign governments in all aspects of state aid regulation before the European Commission as well as national and European courts. Our practice frequently advises public bodies on structuring national aid schemes to ensure full compliance with internal market rules.

In addition to traditional state aid, our firm actively counsels corporate clients on enforcement procedures under the EU Foreign Subsidies Regulation (FSR). Members of our team have represented major corporate entities in pioneer enforcement actions, including the first dawn raid conducted by the European Commission under the FSR framework. We provide comprehensive legal support ranging from notification strategies and regulatory clearance to dawn raid response protocols and litigation.

Recent experience

  • FSR dawn-raid representation

    Representing a major corporate client in FSR dawn-raid inspections and advising on FSR compliance.

  • Italian media state aid litigation

    Representing a major Italian media group in a substantial State aid dispute before the EU General Court and, on appeal, the European Court of Justice.

  • Post operator public service compensation

    Representing a major EU post operator in EU State aids procedures for the award of public service compensation.

  • Regional agency project support

    Advising several regional development agencies in various projects that involve diverse State aid advice, such as environmental, regional, rescue & restructuring, R&D, and other specific forms of aid.

  • Financial institution crisis advisory

    Advising major financial institutions and governments regarding State aid during the financial crisis.

  • Banking sector emergency legislation

    Drafting an EU Member State's national legislation regarding temporary State aid support to its banking sector in an attempt to deal with the financial crisis.

  • Hellas Gold Phase II investigation

    Advising Hellas Gold S.A. in an in-depth Phase II State aid investigation of the European Commission alleging the acquisition of certain assets below market value and representing this company before the EU General Court.

  • OTE retirement scheme clearance

    Representing OTE, the major Greek telecoms operator, in EU State aids procedures concerning the State funding of €400 million of the total cost of OTE's Voluntary Retirement Scheme of €1.5 billion, securing State aid clearance by the European Commission.

  • Hellenic Shipyards military exemption

    Representing the Greek Government in an in-depth EU State aids investigation concerning Hellenic Shipyards, ensuring the State aids recovery order would not be enforced against the military assets of the shipyard that are exempt from EU law.

  • Pension system reform clearance

    Advising and representing the Greek Government in landmark notification procedures and achieving clearance of a scheme in relation to the reform of the Greek pension system in the financial sector to bring it in line with International Accounting Standards.

  • Air transport fee discriminatory policies

    Advising a major international industry association on the applicability of State aid rules in the air transport sector with particular emphasis on the operation, by certain EU airports, of certain allegedly discriminatory charging patterns and policies financed by regional governments.

  • Aviation ETS compliance

    Advising several airlines on compliance with the EU Aviation Emission Trading Scheme.

  • Industrial electricity pricing assessment

    Advising and representing a major EU energy-intensive industrial producer in European Commission procedures concerning the price of electricity charged by the incumbent electricity producer, including the assessment of an independent arbitration award on electricity pricing under EU State aids rules.

  • Port concession tax advantage inquiry

    Representing a major international port operator in EU State aids procedures concerning tax advantages allegedly granted by an EU Member State in the framework of a concession agreement.

  • Post-award concession modification

    Successfully advising and representing a major international port operator in EU State aids procedures relating to a post-award amendment of its concession agreement with the government of an EU Member State.

  • Private capacity mechanism advisory

    Advising private electricity producers on EU State aids procedures relating to capacity adequacy mechanisms.

  • Cement industry ETS exemption

    Advising a major EU cement producers association in procedures for the exemption of the sector from the EU Emission Trading Mechanism.