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.Share
Lexxion Publisher is honoured to organise this 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.
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. This workshop will enable participants with great networking opportunity to receive a maximum of exchange and best practices.
- The Concept of State aid
- The Proceedings Before the European Commission – Notifications and Reviewing Procedures
- Overview of Latest Decisions & Borderline Cases
- Member State diligence in State aid interactions with the Commission
- Case management, Complaints and Compliance – Practical Guidance from the In House-Perspective
- Recovery of Illegal Aid – Problems & Pitfalls for Member States and Beneficiaries
Who should participate?
- Representatives from public administration on national level
- Private legal practitioners
- In-house counsels dealing with State aid law
Participants will receive extensive materials:
- All presentations shown during the training (inclusive online access to all presentations after the training)
- Selection of corresponding journals published by Lexxion
- Confirmations of participation
Course Material – No need to miss anything!
If you are unable to make it to the Training, 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).
Day 1: Thursday, 12 March
Registration & Welcome Coffee
Welcome 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?
Coffee break & networking
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.
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
Coffee break & networking
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)
End of Day 1
Day 2: Friday, 13 March
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
- 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
Coffee break & networking
Recovery of Illegal Aid – Problems & Pitfalls for Member States and Beneficiaries (continued)
- Indirect aid
- Indirect beneficiaries
- 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
End of workshop and distribution of certificates
Reduced fee for public authorities: € 1.240,- (excl. VAT)
Regular fee: € 1.640,- (excl. VAT)
Discount for European State Aid Law Quarterly (EStAL) subscribers: € 100,-
The number of seats is limited. Registrations will be accepted first come, first served.