What is the status quo of the Commission’s Notice on the Notion of Aid given recent judgments that challenge various concepts such as ‘economic activity’ and ‘effect on trade’?
The European Commission’s Notice on the Notion of State Aid aims to contribute to a consistent application of the concept of aid and particularly to identify when public investments do not contain State aid in the light of Article 107(1) TFEU. As such, it provides guidance on the main principles of the notion of undertaking, the presence of an economic activity, financing through State resources and the presence of an economic advantage for the beneficiary.
In practice, it remains challenging to define the lines between economic and non-economic activities, between State and private resources as well as between advantage and non-advantage. For each of them, the precise delineation has to take account of further element provided in various recent court judgments.
To understand the Commission’s approach and practice regarding State aid, this intensive seminar will discuss various elements of the Notice on the Notion of Aid taking into consideration latest rulings of the courts and Commission decisions.
During the two and a half-day programme, you will have ample room to profoundly look into the diverse aspects of the given subject thanks to a high variety of dense and topical presentations, case-studies, brain-storming rounds and in-depth discussionof your individual questions. The coffee and lunch breaks as well as social and leisure activities alongside the sessions provide a perfect platform for (informal) exchange and networking.
Just send to us your cases and questions in advance!
You are highly welcome to send your individual questions and/or important issues beforehand – our experts look forward to answering your questions and giving you first-hand advice! All information concerning your questions and cases will be treated confidential. The Seminar takes place under Chatham House Rules.
Seminar Material – No need to miss anything!
If you are unable to make it to the seminar you may want to order a copy of the printed material including the access data to all presentations shown during the event.
The price is € 299,- (excl. of VAT). If interested, please contact Gael Langosch.
The EStAL Seminar 2019 provides an in-depth examination and discussion of the most important developments and recent judgments related to the notion of aid and the question of how to determine whether a measure constitutes State aid.
The following topics will be discussed:
Day I: (Non-)Economic Activities and Effect on Trade
- Defining economic activity, undertaking and market
- Relevant case law pertaining to economic activities: How are recent judgments challenging the Commissions’ Notice on the Notion of Aid?
- The blurred borders of economic activities: Discussion of practical cases in different sectors
- The ‘no effect on trade’ approach – When does it apply?
Day II: State Aid to Infrastructure and Services of General Economic Interest
- State aid to infrastructure and pricing of access to infrastructure
- Discussion of most recent judgments on infrastructure
- Manifest error in defining a genuine service of general interest
- Practical cases from transport, broadband, broadcasting, health and social sectors, sports and culture
Day III: Problem-Solving Session, Practical Cases & Final Discussion Round
Discuss your individual cases and questions in full confidentiality!
Chair of the Seminar:
Leo Flynn, Legal Adviser, Legal Service, European Commission, Brussels