European State Aid Law
Online Workshop |
04.10.2021 |
Online |
Language: English

Subsidy Control: Changes and Challenges of the New UK Regime

This practical course will help officials from all levels of the public sector and their advisers design their projects to comply with the new subsidy control rules, including assessing when a “Subsidy” shall be present in the new regime and how public bodies can demonstrate the “Common Principles” are met.

Participate from wherever you are – high-quality content delivered to your (home) office. This is your first online course with Lexxion? Don’t worry, here’s a quick guide.

Participants receive a certificate upon participation.

Starting from € 390,- (excl. VAT)

Reservation: You are welcome to reserve your seat, which is financially non-binding. For this, please drop me an email:

Cancellation: The cancellation of participation must be in writing and is possible free of charge up to 14 days before the start of the event. In case of no-show or cancellation later than two weeks before the date of the event, the entire event price plus VAT is due.



The EU-UK Trade and Cooperation Agreement (TCA), which was signed on 30th of December 2020, aims among others to regulate the subsidy control regime in Great Britain after Brexit. Is this “new” subsidy control regime radically different from the “old” State aid one? What are the biggest challenges in applying the new rules, without having any further guidances or any case law? Do you know how to apply the four criteria to determine, if the measure is a subsidy at all? Do you know how to assess the six principles, described in the Article 3.4? Do you know how to wisely justify these principles in front of the court? Do you have ideas for the improvement of the subsidy control system, which was part of the Consultation, which ended on 31st of March 2021? Do we have the new legislation, as a result of the Consultation? How to apply it?


  • Overview of the new rules on subsidy control
  • Concept and principles of subsidy control
  • How to assess if a subsidy is present in your scheme/project
  • Subsidy control exemptions
  • Specific rules for Services of Public Economic Interest (SPEIs)
  • Prohibited subsidies and subsidies subject to conditions
  • Transparency
  • Applying the Common Principles in practice
  • The Market Economy Investor Principle
  • Improvement of the subsidy control system: Do we have the new legislation, as a result of the Consultation? How to apply it?

Who should participate?

  • Representatives from public authorities on national, regional and local level, dealing with subsidy control
  • Private legal practitioners, advising on subsidy control
  • Representatives from public and private banks
  • Industry representatives from UK and EU countries
  • Economists
  • Academics


A workshop by Lexxion Publisher offers the possibility to meet with experts from EU institutions, Member States as well as the private sector. The different perspectives of our experienced trainers will support you in applying complex rules to your practical day-to-day work. To achieve the best results, a mix of learning methods will be applied in the course.

Our approach combines the three stages of learning to ensure that the participants obtain the best possible understanding of the applied rules:

1) Identification of the main rules and principles,
2) Appreciation of the complexities and limitation of the principles,
3) Application of the rules and principles.

The participants will be actively involved in the course. The sessions will combine presentations, case studies and discussion on practical problems. You will have ample opportunity to present your own issues and discuss them with the speakers and participants from other Member States.

Just send to us your cases and questions in advance! We will forward them to our speakers, who will include your issues in the programme and answer them during the course. All information concerning such problems and cases will be treated confidentially.

Course materials are available for download after the event.

Online Course

During the online course by Lexxion Publisher all speakers present live via video and audio. Participants are actively involved in the online courses. By offering our participants the possibility to use their microphones and cameras during the whole course, we aim to recreate the atmosphere of a face-to-face Lexxion course. We encourage our participants to ask questions in real time and to take part in live discussions with speakers and other participants. Additionally, we offer breakout sessions, as part of this format, where participants work in smaller groups on real-life cases and exercises. During these exercises, participants have the technical possibility to see other group members and talk to them (using microphone and camera). Moreover, we make use of different interactive features of the online platform, such as polls, multiple choice questions and quizzes. This way participants can test their knowledge on the topic, anonymously. There are ample opportunities for the participants to present their own problematic issues, discuss and solve them with the speakers and participants from other Member States.

Course Material – No need to miss anything!

If you are unable to attend the course you may want to order all the presentations shown during the event. The price is € 129,- (excl. of VAT). If interested, please contact Anya Zuschke.

How to Join the Course Online

Zoom is the platform for online participation in this course. In order to join the course online, please check your device compatibility first.

What do I need in order to join the course online?

  • Speakers, Microphone; Camera is possible, if you would like to be seen during the course
  • A wired connection is strongly recommended.
  • If your internet connection doesn´t work, you can join the course by telephone, using a dial-in number. In this case there might be additional telephone costs.

Minimum system requirements are as follows:

  • Operating System: Windows 7 or later; Mac OS X 10.12 or later, Linux.
  • Browser: The most recently-published versions of Chrome, Firefox, Microsoft Edge, Safari, or Opera.
  • High-speed internet: A consistent, high-speed connection is required. Mobile tethering, hotspots, slow or inconsistent public Wi-Fi networks may create latency when using video conferencing.

How do I join the course online?

  • Choose the computer from which you would like to follow the course.
  • Please install the zoom, if not done yet. Install here.
  • Please test your microphone and camera in advance. For this, follow these instructions.
  • Open the Zoom App, click on “Join a Meeeting”, enter your full name, so that we could recognise you, enter the ID and the Passcode, which we sent you, and wait in the waiting room, until our host will let you in.
  • Alternatively, it is possible to use Zoom through browser or through skype for business. BUT! Some functions are not available in these versions, therefore we highly recommend using the downloaded App.
  • Use your headset and camera.

FAQ for Online Participation

Why do I need to register before the course starts?
Thank you for registering! This not only helps us to communicate with you in regard to technical issues but it
helps you to network with your fellow course participants.

Will the course be recorded?
Please ask the responsible event manager.

Do I need a camera?
It is recommended to have a camera for more comfortable communication with the speakers and other participants.

Do I need a microphone?
Since this is an interactive course, yes.

Do I need to install anything?
Yes, you should install Zoom app here.

Can I ask questions during the course?
Yes, you can ask your questions live by using your microphone. You can speak to all participants at the same time as you may have experienced in Skype.

When can I enter the course I’m attending?
Please enter Zoom 10 minutes before start. Our host will let you in in due time.

May I leave the course and come back later?
Yes, just log in at a later time during the course.

May I access via Phone?
Yes, you can. Participating via phone means you can listen only.

Can’t find invitation?
Please check your spam-folder. You should also ask your colleague from the IT department to ‘whitelist’ us. For more details please ask the corresponding event manager, who will be happy to help you.

What are the detailed System requirements?
All requirements can be found here.

I failed the Audio Output System Test – what can I do?
If you are using headphones or external speakers, try unplugging them. Please unmute your device. Test your speakers here to find out if they work.

I would like to participate but I’m waiting for an approval. Can I order a ticket on the day of the course?
Sure. Please message

My email address has changed – can I still participate?
Sure. Please provide us with your updated email adress, you will then receive a new invitation.

How do I contact the host of the course? is happy to help you.

Monday, 4 October | 11:00-17:00 CET


Welcome from Lexxion Publisher, Introduction Round among the Participants

Session 1: Overview of the New Rules


Sources of Law

  • EU/UK Trade and Cooperation Agreement (TCA), Title XI, Chapter 3: Subsidy control
  • TCA, ANNEX ENER-2: Energy and Environment Subsidies
  • Is the new legislation, as a result of the Consulation process, already there?  How to apply it?
  • Joint Declaration of the European Union and the United Kingdom on Monetary Policies and Subsidy Control
  • Northern Ireland Protocol
  • WTO rules and other Trade Agreements
Alexander Rose Legal Director, DWF Law LLP, United Kingdom

Responsibilities which Apply to Public Bodies

Alexander Rose Legal Director, DWF Law LLP, United Kingdom

Short break

Session 2:  Concept and Principles of Subsidy Control


The four Cumulative Criteria under the TCA

  • The meaning of use of resources of the Parties
  • How to determine economic advantage
  • What does specificity mean in this context?
  • The meaning of potential or actual effect on trade or investment between the parties
Alexander Rose Legal Director, DWF Law LLP, United Kingdom

Working Group Exercises in Breakout Rooms: How to Assess if a Subsidy is Present in your Scheme/Project

  • Speakers will present cases/schemes. Participants have to discuss and decide, if one or another criterium is present in the scheme/project
Alexander Rose Legal Director, DWF Law LLP, United Kingdom

Prohibited Subsidies and Subsidies Subject to Conditions

  • Unlimited state guarantees
  • Rescue and restructuring
  • Banks, credit institutions and insurance companies
  • Export subsidies
  • Subsidies contingent upon the use of domestic content
  • Large cross border or international cooperation projects
  • Energy and environment
  • Subsidies to air carriers for the operation of routes
George Peretz QC Monckton Chambers, UK

Enforcement and Risk Management

  • Courts and tribunals
  • Recovery
George Peretz QC Monckton Chambers, UK

Lunch break


The Market Economy Investor Principle (MEIP)

  • Purpose of MEIP
  • Use of “public” resources for investment purposes
  • The aims and time horizon of private investor
  • MEIT –how to apply it (practical approach)
Nicole Robins
Partner, Oxera, Brussels


Applying the Common Principles in Practice

  • Discussion of the six common principles
  • How to apply them?
  • What are the difficulties in interpreting these principles?
  • How to build evidence and justify your decision in front of the court?
  • Exercises working through key points – practical exercises in small groups in breakout rooms

Subsidy Control Exemptions: Small Amounts of Financial Assistance Rule

  • Legal basis
  • Thresholds and cumulation
  • Exercises
Alexander Rose Legal Director, DWF Law LLP, United Kingdom

Short break


Specific Rules for Services of Public Economic Interest (SPEIs)

  • Which sectors are covered?
Alexander Rose Legal Director, DWF Law LLP, United Kingdom


  • Obligations of the Parties
  • Which information is obligatory
Alexander Rose Legal Director, DWF Law LLP, United Kingdom

Session 3: Improvement of the Subsidy Control System: Do we have the New Legislation, as a Result of the Consultation? How to Apply it?

The consultation ended on 31st of March 2021. As a result, do we have the new legislation by now? What are the challegenes in terms of applying the new legislation? During this practical session, together with the experts, we will have a dialogue and discuss the related changes and challenges. Do not miss the chance and join us for this online roundtable-format exchange!

Alexander Rose Legal Director, DWF Law LLP, United Kingdom
Jonathan Branton Partner, Head of Public Sector and EU Competition, DWF Law LLP, United Kingdom
George Peretz QC Monckton Chambers, UK
Nicole Robins
Partner, Oxera, Brussels


End of the Workshop


Alexander Rose
Legal Director, DWF Law LLP, United Kingdom

More info
George Peretz QC
Monckton Chambers, UK

More info
Nicole Robins
Partner, Oxera, Brussels

More info
Jonathan Branton
Partner, Head of Public Sector and EU Competition, DWF Law LLP, United Kingdom

More info



Online, Germany
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Online Workshop | 04.10.2021 | Online | Language: English

Participation Fees
Reduced fee for public authorities: €390,- (excl. VAT)
Regular fee: € 490,- (excl. VAT)

Discount for European State Aid Law Quarterly (EStAL) subscribers: € 50,-

The German VAT of 19% will be added. Customers from other EU countries with a valid VAT ID number receive an invoice without VAT (reverse charge).

Please e-mail if technical problems occur with the booking.

Are you a public authority?
Ticket Type Price Spaces
Subsidy Control: Changes and Challenges of the New UK Regime
Regular fee / Reguläre Teilnahmegebühr
Subsidy Control: Changes and Challenges of the New UK Regime
Reduced fee for public authorities / Reduzierte Teilnahmegebühr für Angehörige einer Hochschule/Behörde

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