State Aid and Foreign Subsidies

Wiersholm’s lawyers are recognised as market leaders in the field of state aid, with extensive experience in assisting ministries, public clients, and private parties across various sectors. Our team has been involved in some of Norway’s largest and most complex state aid cases, consistently achieving favourable outcomes for our clients. We are solution-oriented and dedicated to identifying opportunities within the framework of state aid law.

We regularly assist in designing aid schemes to ensure compliance with state aid rules and support clients in appeal processes. Our team has extensive experience in handling major cases at the intersection of state aid, procurement law, competition law, contract law, and tax law.

The customer feels important and prioritised, and they always provide the right resources in meetings. They work quickly and efficiently, are flexible and solution-oriented.
Legal 500

As state aid rules become increasingly relevant, public support is often essential to achieve policy objectives, such as energy and climate goals, research and development projects, and sector-specific initiatives. This is particularly pertinent in today’s geopolitical climate, where political efforts to enhance European competitiveness are emerging. Digitilisation and new business opportunities means that public enterprises are increasingly taking on new tasks, which often need to be assessed in relation to the state aid rules, and disputes between the public and private sectors where it is claimed that the public sector has granted state aid has become more common . This increases the risk for both grantors and private parties.

A thorough understanding of the state aid rules, the process when dealing with the authorities, as well as an understanding of political processes, is key to finding good solutions to realise political as well as commercial ambitions.

Wiersholm’s state aid team possesses expertise in all aspects of the state aid rules. We have a highly experienced team, with backgrounds from EU/EEA institutions, the Office of the Attorney General, and ministries. Several of our lawyers are top-ranked in EU and Competition by legal ranking agencies such as Chambers and Legal500, and regularly handle major state aid engagements in an interdisciplinary context. We offer tailored advice to grantors and private parties adapted to the individual case and assist with assessments of whether a measure constitutes aid, notification processes, appeals, and litigation, including cases concerning repayment of aid. Our team also has experience in assessing obligations under third-country subsidy regulations following the entry into force in the EU of the Foreign Subsidies Regulation on 12 July 2023, and offers assessments related to subsidies within the WTO framework.

Our specialist expertise allows us to effectively evaluate the scope for action and litigation risk across all sectors, providing solutions tailored to our clients’ unique needs.

Our Services

Strategic advice when designing aid measures that take into account political and legal conditions through interdisciplinary teams and expertise

Assessment of whether measures constitute aid and aid law exposure, including assessments of agreements and collaborative projects between the public and private sectors

Assistance in notification processes, including drafting of notifications and dialogue with ESA

Assistance to grantors and potential beneficiaries in complaint processes, including the opening of a formal investigation

Assistance relating to the drafting of complaints and lawsuits in cases of alleged regulatory violations

Advice and assistance in cases concerning questions of possible repayment of aid, including litigation before national courts and before the EFTA Court