The link between State Aid Law and the provision of SGEI causes uncertainty among public authorities as they face a conflict of interests: On the one hand, public bodies are obligated to guarantee the supply of public services. On the other hand the providers of SGEI may not be overcompensated and competition may not be distorted. Furthermore, each Member State has the discretion to define which services fall under the SGEI, so the same service can be qualified in different way.
Learn when the compensation for SGEI constitutes State aid and get advice from experts from the European Commission, other Member States and leading law offices.
This course is eligible for Professional Certificate on EU State Aid Law.
The participants will be actively involved in the training. The sessions will combine presentations, case studies and discussion on practical problems. You will have ample opportunities to present your own problematic 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 training. All information concerning such problems and cases will be treated confidentially.
Who should participate?
The regulations on State Aid for SGEI concerns in particular:
- State Aid Monitoring Offices in the Member States
- National Ministries and Agencies involved in the regulation and provision of public services, such as: Ministries for:
- Social Affairs
- Economy and Energy
- Regional and Communal Governments and City Councils concerned with the provision of social services, health care, public transportation, energy and water supply, waste management and of other public services
- Companies providing public services both on national and local level
- Lawyers and consultants specialised in public affairs
- Concept and Definition of SGEI
- Recent developments on the SGEI in the case law
- How to Define the Market Gap and Justify Imposition of a Public Service Obligation
- Practical Application of SGEI in various sectors:
- Postal Services
- Social Sector: Public Funding of Hospitals, Social Housing, Insurance and other services
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). If interested, please contact Zrinka Mozara!
Tag 1: Dienstag, 3. März
Welcome Coffee and Registration
Concept and Definition of SGEI
Provisions on SGEI in the TFEU
- What is a service of general economic interest and how it may differ from a service of general interest?
- Main characteristics of an SGEI
- The extent of the discretion of Member States and how to avoid errors in defining SGEI
Recent Developments on SGEI in the Case Law
- Economic activity and the BUPA case
- Scope of discretion of a Member State
- Manifest error
- Meaning of Art. 106
Coffee break & networking
The SGEI Communication & Altmark Criteria
- Guidance on whether support constitutes state aid
- General elements of the notion of aid: undertaking, state resources, effect on trade
- The four Altmark conditions: Entrustment act, parameters of compensation, no overcompensation, efficiency
The SGEI de minimis Regulation
- Basic principles and formalities
- De minimis and other rules
The SGEI Decision
- Scope, formalities and information requirements
- Rules for compensation (revenues, costs, profit)
The SGEI Framework
- Rules for compensation and efficiency incentives
- In-depth assessment
Critical issues in the Designing of Altmark-compliant Measures
SGEI and Social Sector
Public Funding of Hospitals
Social Services (Social Housing, insurance, and other services)
Discussion on the important lessons to be drawn from the day’s proceedings
End of Day 1
Tag 2: Mittwoch, 4. März
SGEI and Postal Services
- How to set the universal service targets for the Post
- How to calculate the public service compensation
- Case study: the Royal Post (UK)
SGEI and Energy
Case study: Poland – SGEI contract provisions and their impact over the compensation
Practical Challenges in Funding SGEI cont.
How to avoid Overcompensation?
- How to define parameters of compensation
- How to develop a formula for calculationg the compensation
- How to calculate the amount of necessary compensation and the maximum allowable compensation
Coffee break & networking
How to Define the Market Gap and Justify Imposition of a Public Service Obligation
- SGEI definition in relation to what the market does not supply
- The importance of a correct SGEI/PSO definition
- Under which conditions is compensation necessary
- Identifying eligible costs
- Permissible amount of compensation
- Preventing over-compensation and cross-subsidisation
Discussion on lessons to be drawn from the training and typical mistakes to avoid
End of training and distribution of certificates
Just send 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 workshop. All information concerning your questions and cases will be treated confidentially.
Hotel(s) in der Nähe
Reduzierte Teilnahmegebühr für Angehörige einer Hochschule/Behörde: € 1.240,- (exkl. USt)
Reguläre Teilnahmegebühr: € 1.640,- (exkl. USt)
Rabatt für European State Aid Law Quarterly (EStAL)-Abonnenten: € 100,-
21% USt (Belgien) wird zusätzlich berechnet.
Die Anzahl der Teilnehmer ist begrenzt.