The government awards subsidies on a daily basis with a view to promoting specific activities. In principle, the government may only provide subsidies where there is a legal basis to do so. Subsidies may be awarded in different forms. Often, a certain sum is allocated to a particular activity, but there are other options too. Examples include very low-interest monetary loans and the lease of a space under the market price. Increasingly, however, the lawfulness of such forms of state aid is being called into question.

Our firm has specific knowledge of the ways in which different activities may be carried out and subsidised. Over the years, we have also built up solid litigation practice in the area of subsidy regulations. These regulations constitute a specific facet of general administrative law (Title 4.2 of the General Administrative Law Act [Algemene wet bestuursrecht]), stipulating rules for subsidy amounts, the phasing out of subsidies and the reclamation of subsidies incorrectly awarded by the government. The General Administrative Law Act regulates the determination, phasing out and/or termination of subsidies. Our firm can provide knowledgeable advice on all these aspects.

Most government subsidies are awarded on the basis of municipal or provincial subsidy ordinances, which contain specific provisions on, for example, maximum amounts and the period within which applications will be accepted. The preparation of such subsidy ordinances is among our areas of expertise. With our extensive consultancy and litigation experience in this field, our team can quickly analyse the specifics of any case, resulting in solid advice and representation.