14 June - 15 June 2018 | Copenhagen


Workshop Day 1 
Chair of the Workshop: Michael Schütte, Schütte Law, Brussels

09:30 Registration & Welcome Coffee


Welcome & Introduction to the Workshop


Morning Session: GBER in Practice – Legal Uncertainties

  • Granting aid in compliance with GBER: Observing all requirements
    • Checking all prerequisites, in particular the incentive effect
    • Verifying eligible costs, aid amounts and intensities
  • GBER and beyond: What and when do you have to notify? What are your reporting duties?
  • Formal and procedural requirements of GBER - how to avoid recovery?
13:00 Lunch Break


Afternoon Session: How Member States Avoid Granting Aid – The Concept of Specific Advantage and the Conformity of State Behaviour with Market Rules

  • The State as economic actor or private investor: How to ensure market conformity?
  • When does a public measure create an advantage to undertakings - Art 107(1) and Notion of Aid
  • Assessment of existence of aid and how to quantify it: Applying the MEIP and MEO
17:00 Final Discussion and Concluding Remarks

17:30 End of the Workshop

Expert Panel:

  • Michael Schütte, Schütte Law, Brussels (Chair)

  • Expert from Unit State aid Policy and Case support, DG Competition, European Commission, Brussels (invited)

  • Xavier Boutin, Senior Consultant, Compass Lexecon, Brussels

  • Alexander Rose, Lawyer, Government Legal Service, Department for Communities and Local Government, United Kingdom (invited)

  • Michel Debroux, Partner, DS Avocats, Paris (invited)

Evening get-together for all participants of the EStALI Forum (to book optionally)
Guided tour at Carlsberg Museum and Brewery with drinks followed by Dinner

Forum Day 2 


Registration & Welcome Coffee


Welcome on behalf of EStALI

Session I: Recent Case-Law and Current Developments in EU State Aid Law


Recent Case-Law from the EU Courts

Nils Wahl, Advocate General, Court of Justice of the European Union, Luxembourg (invited)


Keynote Address & Debate: Decisions on Tax Rulings and on Marginal Effect on Trade: How far can the Commission go in Unchartered Territories?

Gert-Jan Koopman, Deputy Director-General State Aids, DG Competition, European Commission, Brussels

Eelco van der Stok, Partner, Freshfields Bruckhaus Deringer LLP, Amsterdam


Coffee Break


Session II: The Market Economy Operator Principle: Moving the Tectonic Plates of the Notion of Aid

  • Different tests for creditor vs investor cases?
  • Who bears the burden of proof?
  • Does the exposure to previous aid measures matter?
  • Recent case-law, e.g. Larko (T-423/14), SNCM (T-1/15), Frucona Kosice (C-300/16), SACE (C-472/15), EDF (T-747/15)

Antonios Bouchagiar, Member of the Legal Service (AIDE Team), European Commission, Brussels

Christian Berger, Senior Advisor, Division for Competition, State Aid and Framework Conditions, Ministry of Enterprise and Innovation

Kai-Uwe Kühn, Charles River Associates, London; Professor of  Economics and Deputy Director of the Center for Competition Policy, University of East Anglia School of Economics (invited)


Lunch Break


Session III: Interactive Break-out Panels
(please choose among the three panels)

  Panel I:
Material Selectivity in the Fiscal Area
– Latest Developments and Practical Implications
  Panel II:
Regional Aid
– Relocation, Process Innovation & Incentive Effect
  Panel III:
State Resources and Imputability


Coffee Break


Session IV: Recovery of Aid – Prevention and Treatment

  • How can recovery of aid be avoided?
  • New vs existing aid
  • How is recovery implemented?
  • Recent case-law and its practical implications, e.g. Italian milk quota (C-467/15), DEI (C-590/14), Euralumina (C-323/16), Spanish church schools (C-74/16), Commission v Greece (C-363/16), Commission v Belgium (C-591/14)

End of the EStALI Interactive Forum

* Further experts are currently being invited and will be published here soon.



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