EU Funds and Public Aid

As the Advocate General of the Court of Justice once asked:
"How could even a vineyard owner with truly Herculean qualities—who spends his evenings reading relevant EU legislation, case law, and every applicable document—know that such consent is inseparably linked to the system and logic of these programs, if it is written nowhere?"

We will help not only the vineyard owner, but anyone else struggling with legal complexities in publicly funded projects — and no Herculean effort will be required.
– Krzysztof Brysiewicz

Entrepreneurs benefiting from public funding often encounter various challenges in the course of project implementation. Most commonly, they try to handle issues on their own — such as project extensions, modifications, procurement processes, or achieving performance indicators. At first glance, such everyday business matters may not seem to require legal assistance. Yet publicly funded projects can become highly complex and leave entrepreneurs facing consequences for many years to come.

Problems with obtaining grants, difficulties in financial settlement, contract terminations, financial corrections, incentive effects, enforcement actions, lawsuits, project changes, procurement procedures — this is where we step in. We are specialists for special assignments. We have been working with EU funds and public aid for many years — and we particularly enjoy tackling the most difficult cases.

EU funds and public aid are often essential components in shaping a company’s development strategy. Thanks to financial instruments secured through EU support applications, businesses can build a competitive advantage — for instance, by increasing their level of innovation. Today, Poland is one of the largest beneficiaries of European funds.

As lawyers, we provide legal assistance to entrepreneurs utilizing EU support at every stage of the project lifecycle — from the initial concept through to project closure. Our know-how allows us to safely guide our Clients through the entire process of obtaining and settling funds from a legal perspective.

Krzysztof Brysiewicz Ph.d.

managing partner, attorney-at-law

Professor Rafał Poździk

attorney-at-law/of counsel

Magdalena Porzeżyńska, Ph.d.

partner, attorney-at-law

Małgorzata Woźniak

advocate

Marek Kononowicz

attorney-at-law

We work with:

  • entrepreneurs applying for financial support and implementing projects with such funding,
  • funds co-investing private and public capital (e.g., Bridge Alfa),
  • business angels, venture capital funds, institutional investors interested in acquiring shares/equity in entities with EU funding,
  • institutions implementing EU funds,
  • entities providing support,
  • local government units and their associations in the context of state aid in projects.

Scope of services:

  • Comprehensive support in the implementation of projects (negotiations with institutions, ongoing legal advice), as well as during inspections and audits.
  • Representation in court and administrative proceedings, including recovery of unpaid grants and reimbursement of funds.
  • Drafting of objections and complaints in project evaluation procedures.
  • Preparation of legal opinions regarding, among others: classification of support as state aid, determining enterprise status under EU regulations, rules for fund reimbursement and project evaluation, date of aid award, aid expectations, or maintaining competitiveness in projects.
  • Advisory on structuring transactions involving entities with EU support to ensure compliance with state aid rules.
  • Support in the implementation of projects co-financed by EU funds, including project sustainability, procurement within projects, and the settlement and monitoring of project indicators.

Completed activities:

  • Representation of public authorities in over 50 successfully concluded proceedings related to EU funds.
  • Legal support in a transaction involving the sale of an IT company worth approximately PLN 50 million, which had received multiple EU grants.
  • Handling dozens of civil proceedings against public institutions concerning EU grants, including an unprecedented achievement of court injunctions ordering institutions to implement projects, as well as a final judgment awarding one of the largest amounts of unpaid funding owed to a beneficiary.
  • Representation of beneficiaries in proceedings related to obtaining approvals for material and formal project modifications, including approval for the participation of a related entity in a high-value procurement, approval for the use of fixed assets for alternative purposes, and approval for changing the project’s outcomes.
  • Preparation of a comprehensive legal opinion assessing the compliance of the so-called “distance act” with EU law.
  • Successful representation of a beneficiary from the renewable energy sector (RES) before the European Court of Auditors and the European Commission.