EU Law Issues
EU law applies to almost all aspects of commerce. Two areas where Olswang routinely advises clients are public procurement and State aid.
The public procurement rules apply whenever a public authority or certain utilities seek to award contracts for works, goods or services. We are experienced in advising both contracting authorities and tenderers, including in relation to possible challenges to the award of contracts.
The State aid rules require pre-notification to the European Commission of financial assistance by the State to a commercial undertaking, whether by way of grants, loans, favourable tax treatment, transactions at an undervalue or a range of other means. Particularly complex are the rules governing compensation for the performance of services of general economic interest. Again, we advise clients on both the government and commercial side of such transactions.
EU rules promoting free movement of goods, services and capital and freedom of establishment as between EU Member States are another area on which we advise regularly, including the application of such rules to State monopolies.
The State aid rules require pre-notification to the European Commission of financial assistance by the State to a commercial undertaking, whether by way of grants, loans, favourable tax treatment, transactions at an undervalue or a range of other means. Particularly complex are the rules governing compensation for the performance of services of general economic interest. Again, we advise clients on both the government and commercial side of such transactions.
EU rules promoting free movement of goods, services and capital and freedom of establishment as between EU Member States are another area on which we advise regularly, including the application of such rules to State monopolies.
