EU funds and public aid

The Advocate General of the Court of Justice asked: How could even a wine grower of truly Herculean qualities, who spends his evenings reading the relevant EU legislation, case law and any other relevant documents, know that such approval is inherent in the system and logic of these programs, if it is not written down anywhere? We will help not only a wine grower, but also others unravel the legal complexities related to projects involving public funding – and you won’t need the labours of Hercules to do it. - Krzysztof Brysiewicz.

Businesses using public funding often face various problems with implementing their projects. More often than not, these are problems they are trying to deal with on their own, such as extending projects, changes to those projects, procurement or achieving specific indicators. Seemingly, there is no room for lawyers in ordinary business dealings, but, in fact, projects involving public funding can be very difficult and trigger negative consequences for the business spanning many years. Problems with obtaining a subsidy, difficulties related to accounting for it, contract termination, financial adjustments, incentive effects, enforcement, lawsuits, project changes, procurement – this is where we, special task force, step in. We have been dealing with EU funds and public aid for many years now – and exceptionally complex issues are what we like best.

EU funds and public aid are often indispensable components of corporate growth strategies. The financial instruments obtained through applications for EU assistance make it possible to build a competitive edge, among other things by driving innovation.Poland is presently one of the largest beneficiaries of EU funds.  As lawyers, we accompany businesses benefiting from EU assistance throughout the lifetime of a project, starting from the conceptual phase until its completion.  With our know-how, we can safely guide our clients through the overall process of obtaining funding and making appropriate settlements, in terms of all relevant legal aspects.

Our clients include:

  • businesses applying for financial assistance and running projects involving such assistance,
  • funds co-investing investor assets and public money (e.g. Bridge Alfa funds),
  • business angels, venture capital funds, and institutional investors interested in acquiring equity stakes in entities that have obtained EU funding,
  • institutions implementing EU funds,
  • entities providing support,
  • local government entities and their associations – in matters concerning public aid for projects.

Scope of services:

  • Comprehensive support in the process of project implementation (negotiations with institutions, ongoing consulting), as well as during inspections and audits.
  • Representation in court and administrative proceedings, including proceedings for the recovery of unpaid subsidies and repayment of funds.
  • Drafting protests and complaints in the project evaluation procedure.
  • Preparing legal opinions concerning, among other things, the qualification of support as public aid, determination of the status of businesses within the meaning of EU regulations, the principles of repayment of funds and project evaluation, the date of granting support, the expectancy right of obtaining funding, or maintaining competitiveness in projects.
  • Providing advice on structuring transactions of entities with EU funding to ensure their compliance with public aid rules.
  • Support in the process of implementation of projects co-financed by EU funds, among other things, as regards maintaining the sustainability of the project, purchases made as part of projects, accounting for and monitoring of project indicators.

Projects delivered:

  • Representing public authorities in more than 50 proceedings regarding EU funds, with a successful outcome.
  • Providing legal assistance during the sale of an IT company worth approx. PLN 50 million, benefiting from a number of EU grants.
  • Handling a few dozen civil law cases against public institutions in matters related to EU grants, including unprecedented securing of court injunctions ordering institutions to execute projects, as well as obtaining one of the highest amounts of undisbursed grants due to a beneficiary, under a final and unappealable court ruling.
  • Representing beneficiaries in proceedings concerning consents and approvals to modify projects in terms of their subject matter and the entities involved, including consent for participation of a related party in a big-ticket contract, consent to use fixed assets for other purposes and consent to alter project’s outcomes.
  • Drafting a comprehensive legal opinion assessing the compliance of the law on the distance of wind energy investment’s location from housing with EU law.
  • Successfully representing a beneficiary in the renewable energy sector before the European Court of Auditors and the European Commission.


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