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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 BOUCHAGIAR Member of the Legal Service, AIDE Team (State aids and dumping), European Commission, Brussels Tobias TRAUPEL Representation of Rhineland - Palatinate to the Federal Government and the EU, Berlin & Brussels Massimo MEROLA Professor of Law, College of Europe, Bruges; Senior Partner, Bonelli Erede Pappalardo, Brussels Péter STAVICZKY Attaché for State Aid, Hungarian Permanent Representation, Brussels Mihalis KEKELEKIS Senior Officer in the Competition and State aid Directorate, EFTA Surveillance Authority, Brussels Michael HONORÉ Partner, Bech-Bruun, Copenhagen; editorial board member of EStAL Christian KOENIG Professor 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

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Page 1: Paris State Aid Conference: The Rights and Duties of State ...€¦ · the Paris state aid Conference on 19 February will thus contribute to the ongoing debate on ... 17:00 Résumé

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

Page 2: Paris State Aid Conference: The Rights and Duties of State ...€¦ · the Paris state aid Conference on 19 February will thus contribute to the ongoing debate on ... 17:00 Résumé

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

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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

Page 4: Paris State Aid Conference: The Rights and Duties of State ...€¦ · the Paris state aid Conference on 19 February will thus contribute to the ongoing debate on ... 17:00 Résumé

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

g?

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

name

institution

Position/Department

address Postal Code/Country

Phone Fax

e-mail

Vat Reg. no.

Customer no. of estaL-subscription

Date, signature

RegistRation FoRm

LIVE NOW: visit Lexxion’s

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