Business areas in focus

State Aid

Challenges and requirements

State aid encompasses both direct and indirect aid from a public body to a specific business or branch. The purpose of the rules governing state aid is to ensure that competition between EU businesses is not distorted. These rules have a significant practical impact on politicians, the entities giving and receiving the aid and competitors. In recent years, the rules have played a more prominent role, as authorities run the risk of being obliged to claim any unlawful state aid back and competitors can bring a claim for compensation before the national courts. Clients require advice, both when they wish to ensure that they themselves have acted in compliance with the applicable rules and when they wish to lodge a complaint concerning alleged unlawful state aid to a competitor.

How we can help

We have a team of highly specialised lawyers, who are deeply immersed in this field and have some of Denmark's leading experts in this area. We have advised businesses on all aspects of state aid, during the course of a number of years, also with respect to some high profile cases. At the same time, we have conducted many cases before the Danish and EU courts. Furthermore, we constantly monitor the development of rules and practice in this area, so we can ensure that we always are up to date.

Our advice encompasses, among others:    
  • Applications for state aid
  • Notifications to the EU Commission
  • Establishment of collaborations between public and private companies
  • Establishment, financing, operation, purchase and sale of public and semi-public businesses 
 
  • Trading with businesses in receipt of state aid
  • Complaints concerning alleged unlawful state aid
  • Public businesses' establishment and operation of activities of a private law character

 



Our ratings

Chambers Europe Rating 2012

Competition and European Law

This full-service team advises on a broad range of competition matters and public procurement mandates. Its large client portfolio includes GlaxoSmithKline, Bang & Olufsen, Scania and Cheminova. Peers applaud its work in state aid in particular. Sources say: "There is no doubt of this firm's skill in the competition field."

Highly experienced litigator Peter Stig Jakobsen handles both competition and public procurement issues. Jesper Kaltoft is noted for his excellent merger control work. Market commentators highlight Michael Honoré for his state aid expertise. Simon Evers Kalsmose-Hjelmborg is commended for his prowess in public procurement and competition law matters.

Chambers and Partners Europe, Competition/European Law

Legal 500 Rating 2012

EU and Competition

Bech-Bruun is praised for ‘great industry knowledge’ and ‘quick, precise’ advice on state aid, anti-competitive practices, merger control and public procurement. Group head Simon Evers Kalsmose-Hjelmborg, who has ‘overall strength in EU matters’, and the ‘top-class’ Michael Honoré act for Energinet.dk and DSB in complex state aid cases. The ‘competent, responsive’ Peter Stig Jakobsen successfully represented Viasat UK Broadcasting against TV 2 in the Supreme Court. Jesper Kaltoft is representing 1,106 claimants seeking €590m from DONG Energy for abuse of dominance and excessive pricing.

Legal 500, EU and competition

Contact person

Simon Evers Kalsmose-Hjelmborg

Contact information

Phone
+45 72273353
Mobile
+45 25263353
E-mail
seh@bechbruun.com
View all employees
 

Infostream

Event 05 October 2011
Copenhagen

Establishment of biogas plant

Event 04 October 2011
Aarhus

Establishment of biogas plant