Lawyers specialising in subsidies and grants
Concept of subsidies
Subsidies are monetary contributions made by the General State Administration, the entities that make up the Local Administration or the Administration of the Autonomous Communities in favour of public or private persons, implying a transfer of economic resources from the former to the recipient, for the fulfilment of the object determined by the aid in question.
Our lawyers in subsidies and grants have the maximum experience in the defence of matters related to this type of matter.
Legal principles of subsidies
The granting of subsidies is subject to a series of principles to be followed, namely:
The principle of budgetary legality
The provision of money is a public expenditure that has to be foreseen in the budget in accordance with Article 133.4 of the Magna Carta, and a subsidy granted without prior budgetary appropriation, or with an insufficient appropriation, is null and void.
The principles of publicity, objectivity and equality
Grants must be awarded in a transparent manner, following a public call for applications in a selective procedure, with equal competition among the applicants to be chosen as beneficiaries, and the selection criteria set out in the public call for applications must be objective.
The principle of efficiency and economy in public spending
The implementation of the public expenditure involved in the subsidy must be carried out in accordance with criteria of good administration and economic rationality.
The neutrality of the effects of subsidies on market competition
The granting of subsidies may not distort or distort market competition.
The limitation of the amount of the subsidy to the cost of the activity being promoted
The amount of the grant may not be such that, alone or together with other public subsidies, it exceeds the cost of the activity.
Eligibility for grants
In order for a grant to be awarded, the following requirements must be met:
- That the delivery is made without direct consideration from the beneficiaries.
- That the delivery is subject to the fulfilment of a certain objective.
- The project, action, conduct or situation financed must be aimed at promoting an activity of public utility or social interest or promoting a public purpose.
Controversial subsidy cases
The following are a sample of the main controversial cases in this area:
- Procedures for the rejection of subsidies, once they have been applied for by the interested parties.
- Procedures for the reimbursement of subsidies after they have been granted. This type of procedure is initiated when the Administration in question considers that the aid has not been duly justified, and therefore requires the beneficiary to repay the amounts that were paid to him/her plus the corresponding interest for late payment.
- Procedures for refusal of payment of the grant (when the administration, for whatever reasons it may determine, considers that payment to the beneficiary of the grant awarded to him/her is not appropriate).
What do we do as public subsidy lawyers?
Our intervention as expert subsidy lawyers includes both the administrative defence of these procedures -by means of the formalisation of the appropriate allegations and the filing of the appropriate administrative appeals-, as well as the defence in the subsequent judicial phase, by means of the filing of the corresponding administrative litigation appeal.
Our lawyers specialised in subsidies, have the maximum expertise and knowledge to resolve any issue within this field of action, accompanying the client throughout the process in order to obtain the best possible result for the benefit of their interests.