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TRANSCRIPT
Procedures prior to the granting of aid
third parties in the proceedings before
the european Commission: Reviewing
notifications and Procedures
What beneficiaries are allowed to do
during preliminary investigation
the role of beneficiaries in negotiation
procedures
Recovery of illegal aid & responsibilities
vis-à-vis state aid beneficiaries
www.lexxion.eu/conferences
Antonios BOUCHAGIARMember of the Legal Service, AIDE Team (State aids and dumping),
European Commission, Brussels
Tobias TRAUPELRepresentation of Rhineland - Palatinate tothe Federal Government and the EU,Berlin & Brussels
Massimo MEROLAProfessor of Law, College of Europe, Bruges; Senior Partner, Bonelli Erede Pappalardo, Brussels
Péter STAVICZKYAttaché for State Aid, Hungarian Permanent Representation,
Brussels
Mihalis KEKELEKISSenior Officer in the Competition and State aid Directorate, EFTA Surveillance Authority, Brussels
Michael HONORÉPartner, Bech-Bruun, Copenhagen; editorial board member of EStAL
Christian KOENIGProfessor of Law, Center for European Integration Studies, University of Bonn
exPeRt PaneL(among others):
Receive first-hand insights from
national experts & representatives
from the European Commission
Paris State Aid Conference:
The Rights and Duties of State Aid Beneficiaries
19 February 2016 | Paris
OVERVIEW
Within the state aid modernisation (sam) package, new guide-
lines, a new general Block exemption Regulation and a new
procedural regulation have been introduced. the question
of third parties’ rights and duties, though, remains to be a
procedural aspect of european state aid law that has not yet been
clarified sufficiently.
Lexxion is honoured to organise this bilingual conference that
sheds light on exactly this alleged gap: the rights and duties
of state aid beneficiaries. Five 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 Paris state aid Conference on 19 February 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. the conference will be held in english and French.
STRUCTURE & PARTICIPANTS
intensive discussion
expert guidance
individual questions
PARTICIPANTSthe conference will bring together state aid experts from european and national institutions,
industry, legal practice and academia. as such, the conference is targeted to:
Who shouldparticipate?
industryRepresentatives,
in-house Counsels
economists
Private LegalPractitioners
Public and PrivateCompetition
Lawyers Representatives from member
states' authorities
experts from Publicand Private Banks
academics
PROGRAMME19 FEBRUARY 2016 | PARIS
impressions of previous Lexxion state aid conferences
II. THE RECOVERY OF ILLEGAL AID & RESPONSIBILITIES VIS-À-VIS STATE AIDBENEFICIARIES
Chair: Christian KOENIGProfessor of Law, Center for
european integration studies,
University of Bonn
14:00 Session III: The Recovery of Illegal Aid - What to do in Front of a Commission Decision ordering the Recovery of Illegal Aids Possibilities to attack the Commission decision:
time limits and right to act (differecne between
individual aids and aid schemes)
exceptional & borderline cases
Limitation periods and their interruptions
national law procedures and limits thereof
actions taken at the initative of competitors
specific cases of collective procedures –
Which judge is competent?
Speakers: Mihalis KEKELEKISSenior Officer in the Competition and State aid Directorate, EFTA Surveillance Authority
Massimo MEROLAProfessor of Law, College of Europe, Bruges; Senior Partner, Bonelli Erede Pappalardo, Brussels
Nicole COUTRELISAttorney at the Paris Bar, Coutrelis & Associés, Brussels/Paris
15:30 Coffee Break & Networking
16:00 Session IV: The Responsibilities of States vis-à-vis State Aid Beneficiaries What is the Commission allowed and obliged
to do in case of illegal aid? Which are the limits?
the importance of a clear definition of
responsibilities
the problem of negligence and of failure
to grant state aids
Speakers: Tobias TRAUPELRepresentation of Rhineland - Palatinate to the Federal Government and the EU, Berlin & Brussels
Dr Michał BERNATCounsel, Dentons Warsaw; Legal adviser at the Warsaw Bar
16:30 Session V: The Current State of Case Law of the Court of Justice of the European Union Speaker: Judge from the General Court
of the European Union, Luxembourg (invited)
17:00 Résumé & Final Discussion
9:00 Registration & Welcome Coffee
9:30 Opening Address
I. THE PROCEDURES PRIOR TO THE GRANTING OF AID
Chair: Nicole COUTRELISattorney at the Paris Bar,
Coutrelis & associés,
Brussels/Paris
9:45 Introduction to the subject
10:00 Session I: State Aid Procedures: NationalAuthorities in Dialogue with Beneficiaries Providing information to the beneficiary
on whether the aid
was covered by an exemption regulation
falls within an aid scheme duly notified and
authorised
was, in the case of individual aid, properly
notified and authorised
may benefit from the de minimis rule
Border line cases:
state aid qualification: fiscal measures, sgei etc.
new aid or existing aid
specific cases of co-financing with eU subsidies
(e.g. regional development, agriculture)
Speakers: Delphine ABRAMOWITZDirectorate general For entreprise, ministry of economy, Paris
Péter STAVICZKYattaché for state aid, Hungarian Permanent
Representation, Brussels
Michael HONORÉPartner, Bech-Bruun, Copenhagen; editorial board
member of estaL
11:00 Coffee Break & Networking
11:30 Session II: The Proceedings before the European Commission – Notifications and Reviewing Procedures Preliminary investigation
the rights of beneficiaries: What beneficiaries are
admitted to do in this phase
the role of beneficiaries in negotiation procedures
implications for national legislation
Speakers: Antonios BOUCHAGIARmember of the Legal service, aiDe team
(state aids and dumping), european Commission, Brussels
Lida-Konstantina BALTAUnit for infrastructure & Regional aid, Dg Competition,
european Commission, Brussels
Marie-Hélène AUFFRETsecrétariat général des affaires européennes (sgae), Paris
12:30 Q&A and Discussion 13:00 Lunch Break
Paris State Aid Conference: The Rights and Duties of State Aid Beneficiaries
19 February 2016
Concept of sgei in the eU treaties and application
of Commission's sgei package
application of the Commission's altmark Package and
critical issues in the design of altmark-compliant measures
Recent case law from Luxembourg pertaining the economic
activity in sgei
sgei and special sectors incl. case studies
For further information as well as online registration please
visit us at www.lexxion.eu/conferences
EStAL Seminar 2016:
State Aid & Services
of General Economic
Interest (SGEI)
31 March - 2 April 2016
Lake Maggiore, Italy
Also
interestin
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State Aid
& SGEI
31 March
- 2 April 2
016
PARTICIPATION FEES
Regular fee: € 985,-*
Reduced fee for public authorities: € 685,-*
I am EStAL subscriber and save 10% on the participation fee.
Please send me information about european state aid law
issues for free. i may unsubscribe from this service any time.
*the participation fees include the conference material, drinks andsnacks during the breaks and lunch. Vat will be added if applicable. special rates for students on request.
CANCELLATION POLICY
Cancellations should be made in writing per post or fax. Please note that the full
fee will be charged for cancellations received after 4 February 2016. nomination
of a substitute remains possible. a cancellation arising by reason of too small a num-
ber of participants is effected no later than two weeks prior to the conference by
the organisers. in this case the participation fee will be refunded. a requirement for
reimbursement of travel and accommodation expenses as well as loss of working
hours is not possible, unless such costs result from wantonly negligent or deliberate
behaviour on the part of the organisers.
Please register with:Lexxion Publisher
Post: güntzelstr. 63 | 10717 Berlin, germany
Phone: +49 (0)30-81 45 06-15 (Jana Behrens)
Fax: +49 (0)30-81 45 06-22
e-mail: [email protected]
online: www.lexxion.eu/conferences
VENUE
Cercle Suedois
242 rue de Rivoli
75001 Paris | France
www.cercle-suedois.com
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