Home » Services » State Aid

State Aid

Advising on the application of subsidy control and state aid rules.

State aid (in the EU) or subsidy control (in the UK) is designed to regulate state subsidies which might distort normal competitive market conditions and impact trade.  Any state funding must be assessed in the context of these rules to ensure compatibility and that appropriate steps are taken to minimise the risk of any successful challenge.

  • Identification of subsidies: assessment of proposed state investment, funding or support
  • Compliance: supporting clients in ensuring that any subsidies are compliant with the applicable regimes
  • Complaints and challenges: advice on the making of, and defending against, challenges to subsidies

Cases worked on by the TupperS Law team* to date include:

  • Bus services: advice concerning the legitimacy of bus services provision by a local authority in Wales
  • Energy supply: advice concerning the UK’s post-Brexit subsidies regime regarding support for a power plant in South Wales
  • English partnerships: advice concerning the establishment and operations of the Coalfields Enterprise Fund and Networkspace funding initiatives
  • Frozen foods: investigated the state aid implications of funds provided to an Irish frozen foods manufacturer through a regional assistance grant
  • Olympic Airlines: advised on state aid issues in the context of potential bankruptcy
  • Refund guarantees: advice concerning the effect of an adverse state aid ruling on refund guarantees in the context of a ship-building contract
  • Rosyth Naval Shipyard: advised on state aid issues in the context of the privatisation of the Rosyth Naval Shipyard
  • Self Storage Association: assistance with the drafting of a position paper submitted to Government regarding the state aid aspects of a change to the VAT regime applicable to self storage businesses
  • Shipping: advice given to a ship-owner on the compatibility of the French tax system with the European state aid rules
  • Terminal Five: advice concerning arrangements for the construction of related transport infrastructure
  • UK property developer: advising a major UK property developer on the compatibility of its business activities with the EC state aid rules, notably concerning funding of areas undergoing restructuring
  • UK Regional Development Authorities: advising miscellaneous UK regional development agencies in relation to various large regeneration projects in the UK. Advice concerns structuring of funding and sales of land to comply with EC state aid rules

*Some of these are matters worked on by the team prior to joining TupperS Law