Niejahr

Nina Niejahr

Counsel
Baker & McKenzie CVBA/SCRL

Biography

Nina Niejahr is a counsel in the Firm’s European & Competition Law Practice in Brussels and co-chair of the European State Aid Group. She is an active participant in the State Aid Working Group of the European Competition Lawyers Forum. Ms. Niejahr has published extensively and speaks regularly at seminars and conferences on a variety of EU competition and state aid law topics. She is the author of the chapter on EU legal protection in state aid cases, published in the 2011 Münchener Kommentar zum Wettbewerbsrecht (Kartellrecht) and in the 2016 Säcker/Montag European State Aid Law: A Commentary.

Practice Focus

Ms. Niejahr practices EU law, focusing on EU state aid and competition law. She advises clients on defense in EU cartel investigations, structuring distribution networks, competition compliance, and EU state aid law and procedure. She regularly represents clients in procedures before the European Commission and litigates in the European Union Courts in Luxembourg.

Representative Legal Matters

  • Assisting clients in assessing the impact of the European Commission's state aid enforcement policy developments relating to fiscal state aid.
  • Providing ongoing state aid assistance to a national development bank.
  • Assisting international consumer goods manufacturers in the development and roll-out of selective distribution systems across Europe.
  • Successfully challenged the European Commission's fine imposed on Wabco and former American Standard group companies in the bathroom fittings and fixtures cartel case, achieving a reduction by the General Court of the fine imposed on the companies of EUR203 million (from EUR326 imposed by the Commission to a fine of EUR123 million (case T-380/10).
  • Successfully represented MOL, the Hungarian oil and gas company, in its appeal to the General Court of a Commission decision ordering Hungary to recover over EUR100 million alleged state aid (case T-499/10) and against the further appeal of the Commission to the Court of Justice (case C-15/14 P).
  • Successfully represented a Chinese client in its appeal to the General Court of an EU anti-dumping regulation and against the further appeal to the Court of Justice (case T-528/09 by the Council and the interveners (joined cases C-186 and 193/14P). This is the first case in the EU courts on the legal test to be applied when asserting threat of injury as the basis for EU anti-dumping measures.
  • Representing two casino operators and one shareholder in their appeals in the General Court of a Commission Decision ordering Greece to recover over EUR190 million alleged state aid from the casinos (cases T-635/11, T-14/12 and T-36/12).
  • Assisting in the Commission’s state aid notification and approval process for three pilot projects (investments of EUR45 million, EUR110 million, and EUR330 million) in Sweden relating to large amounts of research, development and innovation (R&D&I) aid for the demonstration of innovative second generation biofuels technology, requiring detailed assessment under the Commission's R&D&I aid framework and a novel mechanism for the deduction from eligible costs of possible revenues from the pilots post-R&D operation.

Admissions

  • Brussels [E-List]~Belgium (1998)
  • Düsseldorf~Germany (1997)

Education

  • Oberlandesgericht / Higher Regional Court of Dusseldorf (Assessor Exam) (1997)
  • College of Europe (LL.M.) (1994)
  • Christian-Albrechts University of Kiel (Referendar Exam) (1993)

Languages

  • English
  • French
  • German