Notification of State aid to OCCP/EC
In some cases, State aid cannot be granted on the basis of ready-made solutions and it is necessary to conduct proceedings before the President of OCCP or before the European Commission. As a result of the proceedings, you receive a decision or opinion indicating the conditions under which the State aid will be able to be granted.
What can you do?
The basic issue to be faced is the identification of State aid itself, because it is a key element in any proceedings before the EC or OCCP. Another element is the development of a strategy of conduct, so as to properly design the individual stages and prepare for them. The preparation of the notification application itself, however, directly affects the subsequent proceedings and the result achieved.
What is the threat?
The granting of State aid without obtaining the consent of the EC causes that the granted funds become illegal aid (uncompatible with the internal market) and thus will cause a high financial risk for the beneficiary. The provision of illegal State aid results in the risk of the obligation to return, together with interest, which significantly violates the liquidity of this entrepreneur and the donor may expose the liability for unjustified disposal of public funds – even to the accusation of violation of public finance discipline.
What COMPER can do for you:
- Carry out the identification of State aid,
- Determine the possibilities of using ready-made assistance solutions, and,
- Develop a plan of action,
- Prepare an application to the President of OCCP for an opinion,
- Prepare an application to the EC for a decision,
- Represent during the proceedings before the President of OCCP,
- Represent in the course of proceedings before the EC.
In this respect, Maciej Fornalczyk and his team can support you and prepare an appropriate entrustment structure.
