EU funds and public aid

We are one of the few law firms in Poland with extensive knowledge and experience in awarding grants and implementing projects funded by the EU that also provides advice on public aid. We like challenges: legal problems which nobody else has ever undertaken to solve - Krzysztof Brysiewicz.

EU funds and public aid are frequently indispensable components of corporate growth strategies. The financial instruments obtained in this manner make it possible to build a competitive edge, among others, by enhancing innovation. Poland is presently one of the largest beneficiaries of EU funds. As lawyers, we advise businesses utilizing EU support throughout the lifetime of a project, starting from the conceptual phase until final completion. Our know-how poises us to lead clients through the overall process of sourcing funds and making the appropriate settlements in terms of the legal aspects. We provide assistance in the most complicated issues, such as the status of businesses, the formation of consortiums, purchase orders in projects and copyright transfer. We handle transactions involving entities holding EU grants. The knowledge and experience we have gleaned from solving tens of grant-related disputes are of great help in this field, including many cases forming precedents before domestic courts, the Constitutional Tribunal, the European Commission and the European Court of Auditors.

Jan Sakławski

partner, attorney-at-law
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Krzysztof Brysiewicz

managing partner, attorney-at-law
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Magdalena Michalik

lawyer
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Magdalena Porzeżyńska, Ph.d.

attorney-at-law
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Katarzyna Sawicka

advocate
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Our clients:

  • businesses applying for financial support and running projects that have received such support,
  • funds that co-invest investor money and public money (e.g. Bridge Alfa funds),
  • business angels, venture capital funds, institutional investors interested in acquiring equity stakes in entities that have obtained EU co-funding,
  • institutions implementing EU funds,
  • entities providing support,
  • local government entities and their associations concerning public aid for projects.

Scope of services:

  • Comprehensive support in the project execution process (negotiations with institutions, regular advisory services) as well as during inspections and audits.
  • Representation during court and administrative procedures, among others to recover undisbursed grants and refunds.
  • Drafting protests and complaints during project assessment.
  • Preparation of legal opinions regarding the qualification of support as public aid, the definition of the status of businesses within the meaning of EU regulations, the rules for refunding money and project assessment, the date of granting support, the expectative of awarding co-funding and maintaining competitiveness in projects.
  • Advisory services in structuring transactions executed by entities holding EU support to procure compliance with public aid rules.
  • Support in the process of executing projects co-funded using EU funds, among others, to ensure the observance of project sustainability, procurement in projects, settlements and monitoring projects’ ratios.

Completed activities

  • Representing public authorities in more than 50 successfully completed proceedings regarding EU funds.
  • Providing legal support during the sale of an IT company worth roughly PLN 50 million that held multiple EU grants.
  • Running tens of civil cases against public institutions in matters pertaining to EU grants, including the unprecedented securing of court injunctions ordering institutions to execute projects and winning on a legally binding basis one of the highest undisbursed grants due to a beneficiary.
  • Representing beneficiaries in proceedings concerning consents and approvals to modify projects in terms of their subject matter and the entities involved in them, including consent for a related entity to participate in a large ticket purchase order, consent to use fixed assets for other purposes and consent to alter a project’s outcomes.
  • Drafting a comprehensive legal opinion assessing the compliance of the law concerning the distance of windmills from settlements with EU law.
  • Successfully representing a beneficiary in the renewable energy source sector before the European Court of Auditors and the European Commission.

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