Subsidies and State Aid

Lawyers at FratiniVergano possess recognized expertise in advising Governments and private parties on WTO subsidization rules, both in relation to agricultural and non agricultural products, and EU state aid law.

In particular, our lawyers have extensive experience in advising Governments on the consistency of their agricultural subsidies schemes with the WTO Agreement on Agriculture. On behalf of Governments, we have reviewed the consistency of other WTO Members’ subsidization mechanisms with their domestic support and export subsidies commitments.

We have analyzed, in light of the Canada - Dairy and EC - Sugar WTO reports, the legality of certain domestic support measures that resulted in cross-subsidization. We have also assessed the impact of grey-area-measures such as differential export taxes and their consistency under WTO Agreements.

In addition, we provided legal advice in the negotiation of agricultural instruments of support within the framework of WTO accession negotiations. Our specific expertise includes providing legal advice on subsidization schemes to a group of 14 ACP countries in the EC - Sugar case.

We also have considerable experience in advising on subsidies in non-agricultural products. In particular, we have provided legal advice to multinationals in the aircraft and semi-conductors industries on the interpretation and application of the WTO Agreement on Subsidies and Countervailing Measures, as well as the EU Anti-subsidy Regulation.

We have also assisted companies in the evaluation of EU legislation and practice in the light of the interpretation of WTO rules and reports on subsidies.

As one of our core practices, we provide our clients with assistance and advice in all matters relating to the interpretation and application of EU state aid rules and procedures, with particular focus on network industries.

Our expertise covers advice in a wide range of sectors, where we either assist granting authorities and beneficiaries or complainants and competitors.

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