Lexxion Publisher is honoured to organise the EStAL intensive workshop that sheds light on the rights and duties of State aid beneficiaries. Four sessions will cover various issues, ranging from the intention to grant an aid via judicial protection for competitors to the recovery of aid and judicial protection of the beneficiary.Download Programme Share
Within the State Aid Modernisation (SAM) package, new guidelines, a new General Block Exemption Regulation and a new procedural regulation have been introduced. The question of third parties’ rights and duties, though, remains to be a procedural aspect of European State aid law that has not yet been clarified sufficiently.
Lexxion Publisher is honoured to organise this EStAL intensive workshop that sheds light on exactly this alleged gap: the rights and duties of State aid beneficiaries. Four sessions will cover various issues, ranging from the intention to grant an aid via judicial protection for competitors to the recovery of aid and judicial protection of the beneficiary.
The workshop will thus contribute to the ongoing debate on the reform of the State aid system by addressing the full scale of procedural questions arising in the implementation of EU State aid law.
State aid experts from EU and Member States’ authorities will elaborate on the practical problems from a comparative perspective – complemented by expert insights from private legal practice and academia. Use this great networking opportunity to receive a maximum of exchange and best practices.
Who should participate?
- Representatives from public administration on national level
- Private legal practitioners
- In-house counsels dealing with State aid law
Day 1: Thursday, 7 March | 08:30 - 16:00
Registration & Welcome Coffee
Welcoming and Introduction Round
The Concept of State aid
- The concept of economic and non-economic activity
- How to determine advantage to certain undertakings or production of certain goods
- How to establish whether a measure is selectivity
- The meaning of distortion of competition and effect of trade between the Member States
Notification and standstill obligation (Article 108(3) TFEU)
- What does this obligation mean?
- When does it apply? Are there exemptions?
- Who decides whether it applies and whether it is complied with?
- What are the consequences of a violation for aid beneficiaries?
- How can aid beneficiaries ensure compliance?
Q&A and Discussion
Coffee Break & Networking
Case Study: Overview of Latest Decisions & Borderline Cases
- Review of recent decisions
- Examples of border-line cases with
- State aid qualification, e.g. fiscal measures, SGEI
- new aid or existing aid
- specific cases of co-financing with EU subsidies (e.g. regional development, agriculture)
Member State diligence in State aid interactions with the Commission
- Pre-notification contacts (aid or no aid, fine-tuning the applicable framework).
- Flexibility by the Member State.
- GBER reporting deadlines and transparency obligations.
- GBER vis-à-vis Commission’s Sectoral Guidelines, advantages and disadvantages.
- De minimis regulation, SGEI Regulation, SGEI Decision and SGEI Framework applicability requirements.
- Simplified notification procedure for alterations to existing aid.
- Non-compliance consequences.
Coffee Break & Networking
Case management, Complaints and Compliance – Practical Guidance from the In House-Perspective
- In house case management for State aid procedures
- Ensuring State aid compliance within the beneficiary
- Identifying chances for State aid complaints – and how to deal with them
- The role of private enforcement in the field of State aid and its implications for beneficiaries and complainants
Summary of the Results of Day 1, Q&A and Final Discussion
End of Day 1
Day 2: Friday, 8 March | 09:00 - 13:00
The Proceedings Before the European Commission – Notifications and Reviewing Procedures
- Procedural Regulation 2015/1589 and Implementing Regulation 2015/2282, Art. 107-109 TFEU and other sources of EU/national law
- Preliminary investigation
- Beneficiaries’ role in negotiation procedures
- Protection of confidential information
- Implications for national legislation
Recovery of Illegal Aid – Problems & pitfalls for Member States and Beneficiaries
(including practical examples/case study)
- Recovery of State aid as a general rule
- Exceptions from the Commission‘s obligation to order recovery
- Legitimate expectations
- Absolute impossibility
- What is an effective and immediate recovery?
- Immediate recovery
- Recovery in case of aid measures without any legal effect
- Indirect aid
Coffee Break & Networking
Recovery of Illegal Aid – Problems & Pitfalls for Member States and Beneficiaries (continued)
- Indirect beneficiaries
- Liability for recovery after a Share deal
- Recovery after an Asset deal
- Recovery in case of guarantees
- Recovery by the Member State – Procedure
- Recovery procedure before the Commission
- Consequence of failure to recover for Member States & the Beneficiary
You are invited to send us your questions beforehand to make sure that your particular problems/cases will be addressed during this session.
Summary and Final Q&A Distribution of Certificates of Participation
Light Lunch & End of the Workshop
*Programme may be subject to change
Benefits of Attending
- Receive detailed information on currently debated State aid issues and recent cases
- Participate in discussion rounds
- Network and exchange with experts from all over Europe
Workshop material – No need to miss anything!
If you were unable to make it to the workshop, you may want to order a copy of the printed material including the access data to all presentations shown during the events. The price is € 199,- (each, excl. of VAT). If interested, please contact Gael Langosch.
Hotel near the venue
Fundação Centro Cultural de Belém
Praça do Império
1449-003 Lisboa, Portugal
Tel: (+351) 21 361 24 00