Overview
McCann FitzGerald’s State aid practice has unmatched experience of advising the private sector and State entities on all aspects, substantive and procedural, of State aid notifications and investigations. We also advise on State aid law issues as they impact on the structuring of corporate transactions, capital raising and other commercial arrangements.
Expertise
The EU State aid rules may come into play where an EU State grants a subsidy or confers any other form of benefit. For aid beneficiaries, failure to understand the rules can result in adverse outcomes including an obligation to repay the aid or its monetary equivalent; for the competitors of those aid beneficiaries, lack of understanding of the rules can deprive them of the opportunity to remedy the distortions caused by unlawful State aid.
We rely on the advantage provided by our Brussels office, led by Damian Collins and which is fully staffed-up to partner level, for providing advices to client.
We advise clients who are beneficiaries of State aid; we advise the State entities that confer the State aid; and we advise competitors concerned by benefits obtained by their rivals from the State.
Among Irish law firms, our State aid practice has a unique record of success on complex State aid cases: before the European Commission, we have represented clients in notification procedures that led to full State aid clearances; we have obtained the dismissal of complaints of unlawfulness in respect of State measures in favour of our clients and we have filed complaints that led to the opening of Commission investigations and the subsequent revision of State aid measures granted to our clients’ competitors. We have also successfully represented clients in State aid matters before the Irish Courts and the European Courts in Luxembourg.
In addition, we assist clients on working out the State aid implications for capital raising or other commercial arrangements.
Directory Comments
McCann FitzGerald’s Damian Collins splits his time between the firm’s Brussels and Dublin offices and is considered "the go-to guy for EU and competition work," while Philip Andrews is "pragmatic and knowledgeable." The Legal 500, 2010
"McCann FitzGerald has a reputation for being strong academically, but the practice is also extremely commercial," say commentators. The firm is regarded by many as a step ahead in this area, and is the only Irish firm with a full-time partner in Brussels, which clients describe as "undoubtedly a great strength." Chambers, 2010
Ranked as leading in this area...clients were "hugely impressed" by this group’s "commercial savvy, responsiveness and first-rate advice." Sources are impressed with lawyers’ detailed advice: "They’re really approachable and their opinions always delight us. They can turn them around quickly and they don’t just advise you on what’s happened, but also look at what is likely to happen in the future. Not many firms can do that." Chambers, 2009