State Aid Procedures - The Legal Obligations and Rights of the Parties Involved

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EStAL Intensive Workshop

7-8 March 2019 | Lisbon

If you have any questions in regards to the programme of the upcoming training or would like to get more information about it please contact Gael Langosch.


Programme

Day 1: Thursday, 7th March 2019

Chair: Phedon Nicolaides, Professor at the College of Europe and at the Maastricht University

08:30   
Registration & Welcome Coffee

09:00
Welcoming and Introduction Round
 
09:15

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

Phedon Nicolaides, Professor at the College of Europe and at the Maastricht University

10:00

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? 

Philipp Melcher, Consultant, Morais Leitão, Galvão Teles, Soares da Silva & Associados, Lisbon

10:45

Q&A and Discussion

11:00

Coffee Break & Networking

11:30

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 level
  • Preliminary investigation
  • Beneficiaries’ role in negotiation procedures
  • Protection of confidential information
  • Implications for national legislation

Péter Staviczky, State Aid Attaché, Permanent Representation of Hungary to the EU, Brussels, Belgium

12:30

Lunch Break

13:30

 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)
 Michał Bernat, Counsel, Dentons Warsaw
 

14:15

Coffee Break & Networking

14:45

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

Eduardo Maia Cadete, Partner, Morais Leitão, Galvão Teles, Soares da Silva & Associados, Lisbon

15:30 Summary of the Results of Day 1, Q&A and Final Discussion
16:00 End of Day 1

Day 2: Friday, 8th March 2019

09:00

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

Udo Woll, Head of State Aid Law Unit, Deutsche Bahn AG, Berlin

10:30

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  

Ulrich Soltész, LL.M., Partner, Gleiss Lutz, Brussels

11:30

Coffee Break & Networking

12:00

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

Ulrich Soltész, LL.M., Partner, Gleiss Lutz, Brussels

12:30

Problem-solving Session:
You are invited to send us your questions beforehand to make sure that your particular problems/cases will be addressed during this session.

12:45 Summary and Final Q&A Distribution of Certificates of Participation

13:00 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.


 

 

Matina Haralampopoulou

Director of Central State Aid Unit (KEMKE)

Ministry of Finance

 
 

EStAL
Journal
Publication frequency: quarterly
ISSN 16 19-52 72

Further information
Event 3554 Banner State Aid for Agriculture Forestry and rural Areas Lexxion Phedon Nicolaides 25-26 April 2019 Brussels 315x110

Event 3552 Banner4 Essentials of State Aid Law Procedures Lexxion 29-30-January 2019 London Phedon-Nicolaides

 Impressions of Lisbon and Pestana Palace Lisboa:

alfama-832816 640

palace-overview-4

palacehotel01

yard-of-the-palace-335041 640

 

EStAL
Journal
Publication frequency: quarterly
Subscription: € 442,-
ISSN 16 19-52 72

Further information
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