Lode Van Den Hende

Lode Van Den Hende
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Rue de Loxum 25
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+32 2 511 7772


Who's Who Legal Competition: State Aid

Lode Van Den Hende is a partner based in Herbert Smith Freehills' Brussels office. He is an EU law specialist with over 20 years' experience in state aid, EU regulatory matters and international trade. In the area of state aid, Lode has advised tax payers, investors and projects receiving aid, competitors seeking to challenge aid, and governments granting aid. A significant part of his practice involves advising investors and lenders on structuring deals so as to remove or minimise state aid risks.

Lode represents clients before the European Commission in all phases of the state aid procedure, from informal discussions (pre-notification), notification, and preliminary and formal investigations (Phases I and II), to advising clients in discussions on the implementation of decisions ordering recovery of aid (eg, Lode advised in a case in which the European Commission ordered recovery of aid from up to 35,000 farmers). Lode also acts in state aid matters before the EU courts; for example, he successfully challenged European Commission decisions in the landmark British Aggregates cases regarding fiscal aid. Over the past few years, he has been involved in nine Phase II state aid investigations before the European Commission and five state aid cases in the EU Courts.

Lode is currently advising a number of companies on the impact of the European Commission's state aid investigations of tax planning practices of multinationals, allegedly resulting in state aid by member states such as Luxembourg, Ireland and the Netherlands. Recently, he advised on the state aid aspects of investment in large-scale electricity generation in five EU member states.

WWL says: Lode Van Den Hende brings "excellent, specialist legal knowledge" to his state aid representations. Sources say he is "very polished in his field of expertise" while also keeping "to the point, with no waffle".

This biography is an extract from Who's Who Legal: Competition which can be purchased from our Shop.

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