EU & State Aid

European rules offer space and set limits. We help governments and companies to realize their plans within these European frameworks that are legally tenable and practically feasible. Whether it concerns state aid, free movement (Services Directive) or sector-specific European rules on sustainability, energy, and nature and environmental protection: we ensure that opportunities are optimally utilized. We also assist clients in areas of overlap with competition law, procurement law, Didam rules, administrative law and contracting.

State Aid

Social tasks, such as affordable housing and sustainability, often cannot be achieved without financial support from governments. We ensure that this support complies with state aid rules, so that goals are achieved without subsequent complaints or sanctions. We advise how transactions can be designed in accordance with the market (MEO principle and valuations) and how exemptions can be used (such as for services of general economic interest, SGEI).

We not only offer advice, but also help with the elaboration in contracts or grants. In addition, we assist clients in court proceedings and disputes over the justification of grants.

Frequently asked questions are:

How can we as a municipality pay out a grant without providing illegal or unauthorized state aid?
What if we want to "pass on" a subsidy from the State (such as the Housing Incentive, Start-Up Incentive and Realization Incentive)?
As a developer, how do I ensure that I do not face state aid risk when I sell or purchase land from the government? And what does that risk entail?
How can we as a municipality or province provide market-based capital or loan capital, for example, to a semi-public heat company?
What are the options for covering an unprofitable top in a project with public funds?

Free movement and Services Directive

The rules of free movement and the Services Directive apply as soon as a government imposes conditions on access to services or the establishment of companies. We advise on the possibilities and help realize plans within these frameworks.

This plays out, for example:

Land allocation with a preference for local businesses.
Branching rules in the antecedent agreement and the environmental plan, for example to encourage or exclude certain types of businesses.
Regulations in the APV, for example for outdoor advertising or parking.
Issuance of scarce permits, for example, for wind turbines, market stalls, or canal boats.

Sector-specific EU regulations

EU law has sector regulations in a variety of areas. Knowledge of those European rules is very important for successful implementation of projects and area developments.

Our advice includes:

State aid and energy. The energy sector has a strong degree of market regulation, with the Fit-for-55 program providing sustainability requirements for energy supplies.
Sustainability, for example, in the Energy Performance of Buildings Directive that sets standards for the energy performance of buildings.
Environmental and nature conservation rules, which have their roots in the Birds and Habitats Directives, among others.

Competition

Governments and companies must comply with competition rules. We help navigate this complex field. For example:

Entering into cooperative or combination agreements between developers or contractors.
Information exchange around tenders and tenders.
The Market & Government Act.

Why choose Straatman Koster advocaten?

Our state aid lawyers combine in-depth legal knowledge with up-to-date knowledge and practical experience. We closely follow European developments, think strategically and look beyond the borders of our own field. For example, we look not only at the EU frameworks, but also at the connection with other areas, such as procurement law, Didam rules, administrative law and contracting. Our firm has specialists in each of these areas. We also work closely with valuers, tax specialists and planning economists.