“To the jurist it is the greatest slight, when each to all determines right. His it is the wrong to right, but if no wrong there be, the code, tho’ thick set, will but a small mite beget.”

Friedrich Freiherr von Logau (1604 – 1655), deutscher Jurist, Satiriker, Epigramm- und Barockdichter, Pseudonym: Solomon von Golaw − Quelle: Logau, Salomons von Golaw Deutscher Sinn=Getichte Drey Tausend, 1654. Originaltext. Zungendrescher.

The Law Office

Bartosch EU Law

Bartosch EU Law is an independent law firm headquartered in Brussels, that focusses exclusively on the field of EU State aid law including its interconnections with national subsidy laws as well as EU Structural Funds regulations. Moreover, the firm´s practice also encompasses EU as well as German antitrust law. The foundations of the firm lie in the EU law boutique Kemmler Rapp Böhlke, being the first boutique law firm specialised on European Economic Community (EEC) law and founded by German lawyers in the early 70ies of the previous century in the Belgian and EU capital. Dr. Andreas Bartosch, who has been practicing EU Competition Law with a remarkable focus on EU State aid law, continues this practice under his own name.

dr-andreas-bartosch-1dr-andreas-bartosch-3
Dr. Andreas Bartosch

ReputationPublications

JUVE-Handbuch Wirtschaftskanzleien 2021/2022:

„The sole practitioner counts amongst the most experienced State aid specialists. Consequently, he advises on a broad array of State aid cases and frequently where he can take advantage of his networks both on the Brussels market and before the EU Courts, which have grown over many years

JUVE-Handbuch Wirtschaftskanzleien 2019/2020:

„He counts among the specialists with the highest degree of experience. Consequently, he advises on a broad array of State aid cases and often where he is able to make use of his Brussels-based networks that have been developed over the many years of his practice.

JUVE-Handbuch Wirtschaftskanzleien 2018/2019:

In particular in highly specialised EU State aid cases the Brussels Partner Bartosch is in high demand, owing to his broad experience. Due to his long-standing contacts in the EU capital he entertains sound relationships with the Brussels administration.

JUVE-Handbuch Wirtschaftskanzleien 2017/2018:

„The recommended State aid law practice of the Brussels-based State aid expert Bartosch counts amongst the established entities on the market.”

Client statement on Dr. Andreas Bartosch: has represented us very successfully, a true expert

JUVE-Handbuch Wirtschaftskanzleien 2016/2017:

Client statement on Dr. Andreas Bartosch:  “sound expertise and professional advice which have advanced our business case.”

JUVE-Handbuch Wirtschaftskanzleien 2014/2015:

„In an area of growing awareness of the relevance of EU State aid law Dr. Andreas Bartosch has been in growing demand and has been recommended regularly.”

On Dr. Andreas Bartosch by competitors: “competent and very well networked in Brussels”

JUVE-Handbuch Wirtschaftskanzleien 2013/2014:

„Dr. Andreas Bartosch has been a household name amongst the recommended State aid lawyers for a long time.”

Amongst his numerous publications in the area of EU State aid law his legal practitioner´s commentary written as sole author has become particularly well-known. This book was published at C.H. Beck Munich in its 1st edition in 2009 and its 2nd one in late 2015.

Apart from this the following articles have been published more recently.

  • „Economic versus Non-economic: A long and Winding Road, European State aid Law Quarterly, EStAL 2021, 507 – 511″
  • „Zur Freistellung von Beihilfen nach der AGVO: gesetzlicher Anspruch und Wirklichkeit (gemeinsam mit Ranjana Achtleitner und Thomas Bieber), EuZW (im Erscheinen) “
  • „Die Covid 19-Beihilfemaßnahmen in Deutschland, EuZW 2020, 453-461 (gemeinsam mit M. Berghofer)

  • „Die Verwaltungspraxis der Kommission betreffend Steuerbeihilfen vor dem Hintergrund der allerjüngsten Rechtsprechungsaussagen – Was bleibt noch vom Erdenfeste?, EuZW 2018, 891 – 897“
  • „Differenzierungen  im nationalen Steuerrecht und das Selektivitätsmerkmal des EU – Beihilfeverbots – Sind die Steuerregelungen betreffend den deutschen Mittelstand in Gefahr?, BB 2018, 2199 – 2203“
  • Staatliche Konzessionen als Beihilfen – ein Instrument im Stimmbruch, Europäische Zeitschrift für Wirtschaftsrecht, 2018, 261 – 266;
  • Fiscal Aid: Recent Trends and Relationship to Fundamental Freedoms, S. 81 – 89, in: EU Tax Law and Policy in the 21th Century (ed. Haslehner/Kofler/Rust), 2017, Wolters Kluwer
  • Nationale Steuersysteme im Fadenkreuz des EU – Beihilferechts – wer bestimmt künftig den Maßstab?, BetriebsBerater 2017, 2199 – 2202;
  • Chronopost I – Re-Annotated, S. 120 – 126, in: Milestones in State Aid Case Law – EStAL´s First 15 Years in Perspective (ed. Buts/Buendía Sierra), 2017, Lexxion
  • (Neu-)Entwicklungen in der materiellen Selektivität, Europäische Zeitschrift für Wirtschaftsrecht 2017, 756 – 761;
  • Neues zur Selektivität in der EU – Beihilfenkontrolle – und warum dieses Thema jeden Wirtschaftsjuristen angeht, BetriebsBerater 2016, 855 – 859;
  • Die Selektivität der Selektivität – Wie ist es um die Gestaltungsfreiräume der Mitgliedstaaten in der Wirtschaftsförderung bestellt,  Europäische Zeitschrift für Wirtschaftsrecht 2015, 99 – 104
  • Transferpreisvereinbarungen im international operierenden Konzern als unerlaubte Beihilfen – ein Paradigmenwechsel in der EU-Wettbewerbskontrolle, BetriebsBerater 2015, 34-37
  • Differenzierungen  im nationalen Steuerrecht und das Selektivitätsmerkmal des EU – Beihilfeverbots – Sind die Steuerregelungen betreffend den deutschen Mittelstand in Gefahr?, BetriebsBerater 2018, 2199 – 2203
  • Die Verwaltungspraxis der Kommission betreffend Steuerbeihilfen vor dem Hintergrund der allerjüngsten Rechtsprechungsaussagen – Was bleibt noch vom Erdenfeste?, Europäische Zeitschrift für Wirtschaftsrecht 2018, 891 – 897

Practice areas

Work on behalf of governments and the public sector in general

Governments and other public bodies are looking for advice and representation in a number of different forms:

  • Representation and Expert´s Advice in State notifications to the EU Commission;
  • Defence against EU State aid complaints before the EU Commission as well as the EU Courts in Luxemburg;;
  • Defence in procedures concerning the recovery of aid before the EU Commission as well as the EU and national courts;
  • Advice on the drafting of general aid schemes as well as individual aid grants in particular in connection with the implementation of the rules of EU block exemption regulations as well as EU Structural Funds rules;
  • Advice in relation to reporting obligations

Work on behalf of undertakings/companies

  • Defence and Advice in connection with Phase 1 and Phase 2 State aid investigations conducted by the EU Commission;
  • Defence in recovery procedures aid before the EU Commission as well as the EU and national courts;
  • Preparation, lodging, and, defence of competitors´ complaints and legal actions against allegedly illegal aid grants before the EU Commission as well as the EU courts;
  • Representation in legal actions in connection with the infringement of EU State aid rules before EU national courts

Scientific work and expert legal opinions

Apart from the work in administrative and forensic court cases the practice of the firm encompasses scientific work in the area of EU Competition Law including its interfaces with other areas of EU law.

Specific experience exists in the following areas:

  • Fiscal aid matters;
  • State aid and Structural Funds;
  • Parallelism of State aid law and EU as well as national antitrust law;
  • Application of State aid control law to public procurement procedures;
  • State aid in the agricultural sector

Work on behalf of governments and the public sector in general

Governments and other public bodies are looking for advice and representation in a number of different forms:

  • Representation and Expert´s Advice in State notifications to the EU Commission;
  • Defence against EU State aid complaints before the EU Commission as well as the EU Courts in Luxemburg;;
  • Defence in procedures concerning the recovery of aid before the EU Commission as well as the EU and national courts;
  • Advice on the drafting of general aid schemes as well as individual aid grants in particular in connection with the implementation of the rules of EU block exemption regulations as well as EU Structural Funds rules;
  • Advice in relation to reporting obligations

Work on behalf of undertakings/companies

  • Defence and Advice in connection with Phase 1 and Phase 2 State aid investigations conducted by the EU Commission;
  • Defence in recovery procedures aid before the EU Commission as well as the EU and national courts;
  • Preparation, lodging, and, defence of competitors´ complaints and legal actions against allegedly illegal aid grants before the EU Commission as well as the EU courts;
  • Representation in legal actions in connection with the infringement of EU State aid rules before EU national courts

Scientific work and expert legal opinions

Apart from the work in administrative and forensic court cases the practice of the firm encompasses scientific work in the area of EU Competition Law including its interfaces with other areas of EU law.

Specific experience exists in the following areas:

  • Fiscal aid matters;
  • State aid and Structural Funds;
  • Parallelism of State aid law and EU as well as national antitrust law;
  • Application of State aid control law to public procurement procedures;
  • State aid in the agricultural sector

Career

We are consistently looking to add new members to our team. In case you were to be experienced or even only interested in the areas in which we are practicing, we would very much appreciate hearing from you.

Apply now

Dates

05 + 06.06.2019

n/a

8. Jahresforum EU – Beihilfenrecht – Weichenstellung für die nächste Förderperiode

Vienna
06 + 07.06.2019

n/a

EStALI Interactive Forum on EU State Aid Law

Vienna

EU– Beihilfenrecht

Of his numerous publications in the field of EU state aid law, his legal practitioner commentary on EU state aid law, written in sole authorship and published by Munich-based C.H. Beck Verlag 2009 in its 1st, 2015 in its 2nd and 2020 in its 3rd edition , is particularly well known.

order now

EU– Beihilfenrecht

Of his numerous publications in the field of EU state aid law, his legal practitioner commentary on EU state aid law, written in sole authorship and published by Munich-based C.H. Beck Verlag 2009 in its 1st, 2015 in its 2nd and 2020 in its 3rd edition , is particularly well known.

order now

News

Uncategorized

On 25 January 2022 the CJEU has annulled the ruling of the General Court in the famous Micula case which has given rise to intense debate for years amongst EU State aid experts (CJEU, Case C-638/19 P, ECLI:EU:C:2022:50). The first instance court had seen the...

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Uncategorized

As long ago as in 2019 the CJEU has refused to accept an aid block – exempted under the Commission´s General Block Exemption Regulation by its own self-assessment as „authorised” and therefore existing aid (see CJEU, judgment of 5.3.2019, Case C-347/17, Eesti Pagar, ECLI:EU:C:2019:172 and...

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Uncategorized

It is a false belief widely entertained in the world of EU State aid law that in a case where the State sells a property it owns by way of an open, transparent and non-discriminatory tender procedure the one placing the highest bid will be...

Read More
  • Micula case

    On 25 January 2022 the CJEU has annulled the ruling of the General Court in the famous Micula case which has given rise to intense debate for years amongst EU State aid experts (CJEU, Case C-638/19 P, ECLI:EU:C:2022:50). The first instance court had seen the......

  • Aid „sui generis“

    As long ago as in 2019 the CJEU has refused to accept an aid block – exempted under the Commission´s General Block Exemption Regulation by its own self-assessment as „authorised” and therefore existing aid (see CJEU, judgment of 5.3.2019, Case C-347/17, Eesti Pagar, ECLI:EU:C:2019:172 and......

  • The Sale of certain assets of the famous Nürburging race track

    It is a false belief widely entertained in the world of EU State aid law that in a case where the State sells a property it owns by way of an open, transparent and non-discriminatory tender procedure the one placing the highest bid will be......

  • COVID 19 AND DAVE BRUBECK

    Never ever since the eruption of the financial markets crisis in 2008/2009 has any event turned the world of EU State aid control law as topsy-turvy as the Covid 19 pandemia, which has set on its Jules Verne tour around the globe, however without terminating......

  • THE FITNESS CHECK AND THE DIVINE MESSAGE

    As early as in January 2019 the European Commission started its fitness check performed on the current legal framework for EU State aid control. Said project sounded, at least when hearing about it in the first place, quite comprehensive. It encompassed the General Block Exemption......

  • Apple

    Since the old and the new Competition Commissioner, Margarethe Vestager, has taken office in 2014, one could develop the impression that State aid control encompassed little more than the so-called „Tax Rulings“. Looking at the famous Apple case, where in August 2016 the Commission had......

  • EStALI Autumn Conference 2019 28 – 29 November 2019

    EStALI_Autumn_Conference_2019 EStALI Autumn Conference 2019 Workshop: 28 November 2019 The intensive workshop on the fi rst day, which takes place under the academic direction of Michael Schütte, will give participants profound insights into currently debated State aid issues. The focus will be on two specifi......

  • Fitness-Check for EU State aid rules

    By its press release of 7 January 2019 the European Commission announced that the end of the current Multiannual Financial Framework would raise the necessity to have a significant number of legal frameworks, guidelines and regulations to be put to a fitness check. Hence, it......

  • Openings of formal investigation under Court pressure

    It has been a feature common to EU State aid control that complaints against alleged undue advantages of competitors have, quite regularly so, proven to be a dragging and tiresome business. In most cases the complaints got rejected at the very end of this process.......

Contact

Avenue Palmerston 26

B- 1000 Bruxelles

Phone +32 2 673 39 21

Fax      +32 2 230 14 16

Email Andreas.Bartosch@eurojura.be