Home » Services » EU Law, Rights & Remedies

EU Law, Rights & Remedies

Helping clients with the EU Treaty’s four “freedoms” – movement of goods, services, capital and workers – as well as rights of establishment post-Brexit.

For companies trading across borders, Brexit, and its associated free trade arrangements, has not left the regulatory picture any less complicated.  Not only do businesses now need to be conversant with the terms of access/entry but also the rules that they will face when their goods, etc., arrive in the EU’s Single Market.  With over 10 years’ experience “on the ground” in Brussels, members of the firm are well placed to guide businesses through the additional complexities.

  • Setting up: guidance regarding continuing rights of establishment for UK businesses looking to continue to trade in the EU.
  • Non-tariff barriers: understanding your rights of challenge to excessive paperwork, etc.
  • Subsidies: what is and what is not legitimate state aid both sides of the Channel.
  • Regulatory processes: advice concerning the regulatory processes at work within the EU.

Cases worked on by the TupperS Law team* to date include:

  • Court of First Instance: successfully representing Northumbrian Water before the court of First Instance in Luxembourg with regard to a claim brought by the European Commission for the repayment of research funding
  • Defence procurement: general advice concerning the EU’s defence procurement regime
  • Distribution: competition advice on various distribution models and market entry strategies as regards cars, chemicals and soft plastics, capital goods, medical devices, cosmetics, spirits, steel products, a learn-to-paint system, etc.
  • Football: advising and representing a major world-wide soccer apparel and equipment manufacturer in relation to an investigation undertaken by the European Commission into alleged anti-competitive activities on the part of FIFA
  • Frozen foods: investigated the state aid implications of funds provided to an Irish frozen foods manufacturer through a regional assistance grant
  • Nomad Foods: supporting Nomad Foods in obtaining merger control clearance in Russia for its $2.6bn acquisition of the Bird’s Eye/Iglo group and its subsequent £500 m acquisition of the continental European business of the Findus Group, which required coordination of filings in Austria, Germany and Spain
  • Olympic Airlines: advised on state aid issues in the context of potential bankruptcy
  • Partnering: assistance provided to a US-based consultancy regarding how to access contracts let by EU-based funding bodies
  • Selective distribution: vetting moves to selective distribution undertaken by companies in the following sectors: apparel; carpets; sportswear; and agricultural chemicals
  • Shipping: advice given to a ship-owner on the compatibility of the French tax system with the European state aid rules
  • UK Regional Development Authorities: advising miscellaneous UK regional development agencies in relation to various large regeneration projects in the UK. Advice concerns structuring of funding and sales of land to comply with EC state aid rules
  • Universal Music Publishing Group/BMG Music Publishing: notification of UMPG’s acquisition of BMG MP under the EC’s MCR

*Some of these are matters worked on by the team prior to joining TupperS Law