Disputes with Managing and Intermediary Authorities

Disputes in the field of EU funds most often concern highly formalised verification of whether the beneficiary’s actions comply with the project documentation and the funding conditions, including the manner in which funds are spent, the correctness of procurement procedures, the achievement of indicators, and compliance with durability requirements. In projects subject to the state aid regime, it is also important to demonstrate compliance with the conditions governing the grant of support, in particular with regard to the classification of aid, aid intensity, cumulation, and eligible costs.

The scope of our services includes in particular:

• analysis of the case and identification of the possible procedural paths depending on the stage of the matter (evaluation, implementation, settlement of EU funding, inspection of an EU project, follow-up proceedings),
• preparation and review of positions concerning eligible expenditures in EU projects, including the link between the costs and the project, proper documentation, and compliance with the budget,
• support in matters relating to procurement: the competitiveness principle and Public Procurement Law (PZP), including risk assessment and the preparation of arguments relating to the conduct of procedures,
• preparation of explanations, objections, and supplementary submissions during EU funds inspections or verification procedures, together with organisation of the evidentiary material,
• support in matters relating to financial corrections, reductions of funding, and repayment of EU grants, including verification of the legal basis and methodology of the correction,
• representation in appeal proceedings under the applicable procedures (protests and further legal remedies), where the dispute concerns the evaluation of the application or subsequent decisions,
• securing the process of project changes and amendments to the grant agreement, including preparation of amendment requests and assessment of the impact on indicators, timetable, and budget,
• analysis and preparation of arguments in cases involving a state aid element: classification of support, incentive effect, state aid intensity, cumulation of state aid, and compliance of costs with the applicable aid regime,
• implementation of remedial procedures and documentation standards ensuring a transparent audit trail.

How We Handle the Case

When preparing a position, we focus on precise reference to the project documents and evaluation criteria, as well as on presenting the evidence in a format that facilitates efficient and favourable review by the institution. In matters concerning financial corrections, reductions of funding, or repayment of an EU grant, it is important to distinguish factual issues from interpretative questions and to assess which elements affect the scope and scale of the financial consequences, including the proper settlement of EU funding and the eligibility of expenditures.

Our Approach

As part of our comprehensive advisory services in the field of EU funds, we seek to resolve matters in an orderly way, with due regard for the applicable procedures and the practical consequences for project implementation. The objective is to effectively limit financial risks, preserve the correctness of settlements, and ensure full consistency of the client’s actions with state aid rules.