State aid for the public sector
Our approach
Our support in the area of state aid for the public sector is distinguished above all by knowledge backed by many years of practical experience. We have built this experience through cooperation with local government units and public institutions, as well as through the work of our individual experts within such entities. We therefore have a deep understanding of the realities of the public sector – its constraints, objectives, and responsibilities. This makes our advisory services not only compliant with legal regulations but also realistic, feasible, and grounded in the institutional context.
For whom?
Our offer is addressed to all public entities operating in Poland, especially local government units (LGUs) such as municipalities, counties, and voivodeships. We also support entities dependent on or controlled by LGUs, such as municipal companies, social housing associations (TBS), or cultural institutions. We provide services to central government administration, including ministries, executive agencies, and voivodeship offices. Our services are also available to universities, research institutes, and hospitals – particularly when they are implementing investments or using public funds.
When supporting public entities, we always take into account their unique legal status and responsibility for managing public funds. In this context, state aid is not only as a matter of legal compliance but above all as a means of ensuring the safe and effective use of public resources.
We support public sector entities in the field of state aid, combining legal expertise with an understanding of the specifics of their operations. Our approach provides real support, tailored to the needs and responsibilities of public institutions.
Services
Our state aid support for the public sector is primarily based on six key areas:
Assessment of the existence of state aid
We check the notion of aid, prepare and verify state aid tests,assess if an economic advantage transfers occur, and ensure proper structuring of aid passing the aid on to lower levels.
State aid compatibility
We assist in ensuring the compatibility of state aid in planned support measures and in preparing aid schemes. We verify compliance with compatibility conditions in individual projects.
Compensation for Services of General Economic Interest (SGEI)
We support the entrustment of services and the granting of compensation for the provision of SGEI (defining the service, preparing the entrustment act, ensuring compliance of compensation with state aid rules). We conduct audits and develop methodologies for calculating and monitoring compensation.
We also provide advisory services on the presence of state aid in the financing of own tasks by local government units.
We offer analysis of the compliance of public service entrustment in public transport with Regulation 1370/2007, as well as the fulfillment of the Altmark criteria.
Notification procedures
We provide full preparation of notification documentation and representation before the European Commission and the Court of Justice of the European Union (CJEU). We support proceedings before national authorities and institutions (including the Polish Office of Competition and Consumer Protection – UOKiK) and before the European Commission – either through direct representation or by preparing the client for the process.
Investor relations of public owners
We prepare and conduct the private investor or creditor test, as well as the imputability test. We assess the issue of economic advantage transfer.
De minimis aid
We support the preparation of aid schemes and their notification to the President of UOKiK, calculation of aid amounts in non-grant forms (e.g., gross grant equivalent – GGE), and fulfillment of reporting obligations.
Additionally, we verify the eligibility of entities for state aid and assess links between enterprises for the purpose of determining a “single undertaking.”
Training
As a complement to our advisory services in the area of state aid for the public sector, we offer training programs. We share our knowledge and experience through both general-topic training (e.g., assessing the existence of state aid and ensuring compliance) and more specialized sessions tailored to the client’s individual needs.
Completed projects
The combination of knowledge and experience in the field of state aid with an understanding of the realities of the public sector allows us to implement even the most complex projects.
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Related services
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