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Key Sessions

Koen Van De Casteele

The Commission’s Current Priorities in State Aid

European Commission

Miro Prek

A View from the Courts

General Court of the EU

Jul 04
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08:30 - 09:00 30 mins
Registration & Refreshments
09:00 - 09:15 15 mins
Chair’s Welcome and Introduction
  • Nicole Robins - Partner, Oxera
09:15 - 10:00 45 mins
Main Conference
The Commission’s Current Priorities in State Aid
  • Koen Van De Casteele - Head of Unit, State Aid Control, DG Competition, European Commission
10:00 - 10:45 45 mins
Main Conference
Review of the Commission’s Approach to State Aid Cases, including the Fitness Test
  • Geoffrey Dunne - Solicitor, Enterprise Ireland
  • Barbara Cattrysse - Senior Legal Counsel, Corporate Legal Department, Mandates and Financial Instruments, European Investment Bank
  • The Commission’s fitness test for State aid modernisation (SAM) reform – what are the objectives and likely findings
  • Preparing for 2020 review – how can 3rd parties influence the process
  • “Big on big, small on small” – how is the policy working in practice?
  • Recent common European interest project decision
10:45 - 11:05 20 mins
Morning Coffee Break
11:05 - 12:00 55 mins
Main Conference
Litigation, Arbitration, Recovery of Aid and other Procedural Developments
  • Juan Manuel Contreras Delgado de Cos - Deputy Director of Public Aid and Draft Regulation Unit, Advocacy Department, Spanish National Authority for Markets and Competition (CNMC)
  • Ulrich Soltész - Partner, Gleiss Lutz
  • Review of private enforcement cases in state aid including Spain’s renewable energy cases
  • Damages calculations in state aid cases
  • International investment treaty arbitration
  • Recovery of state aid:
    • Consultation on recovery notices
    • The most appropriate economics approach
  • The use of injunctions
  • What constitutes economic activity when it comes to suspension of obligations?
  • The use of evidence at national court including Sky Blue judgement
12:00 - 12:40 40 mins
Main Conference
The Use of Economics in State Aid Cases: Lawyers’ and Economists’ Perspective
  • Selectivity criteria
  • The role of economic and financial analysis in state aid cases
  • The Market Economy Investor Principle (MEIP) compatibility assessment including implications of the recent FIH Danish Bank judgement
  • How is the role for economic analysis changing with the European Commission’s increased focus on ex post evaluations?
12:40 - 13:40 60 mins
13:40 - 14:25 45 mins
Main Conference
A View from the Courts
  • Miro Prek - Judge, President of Chamber, General Court of the EU
14:25 - 15:15 50 mins
Main Conference
Application of State Aid Rules by Third Countries including UK’s Approach Post-Brexit
  • Gjermund Mathisen - Director of Competition and State Aid, EFTA Surveillance Authority
  • The future of state aid in the UK post-Brexit
  • How will the CMA approach state aid?
  • Application of state aid rules to Nissan
  • Ukraine’s state aid rules
  • Free trade agreements and state aid 
  • WTO rules and state aid: what are the parallels?
15:15 - 15:35 20 mins
Afternoon Coffee
15:35 - 16:25 50 mins
Main Conference
Industry Spotlight: State Aid in the Energy Sector
  • Christian Berger - Senior Adviser, Swedish Ministry of Enterprise, Energy and Communications
  • Review of Tempus Energy case
  • Implications for the industry including for capacity markets
  • Challenges to the case in Poland
  • Burden of proof considerations
  • State aid and climate change: how reforming state aid framework can contribute to fossil-free society and implementation on the Paris Agreement
16:25 - 17:20 55 mins
Main Conference
Tax and State Aid: Where are we with Recent Cases and What are the Implications of Proposals for “Google Tax” for State Aid?
  • Max Lienemeyer - Head of Unit, Task Force Tax Planning Practices, DG Competition, European Commission
  • Andreas Von Bonin - Partner, Freshfields Bruckhaus Deringer
  • Review of Belgium Excess Profits decision
  • The new investigation into tax treatment of Nike in the Netherlands
  • Where are we with the other tax cases?
  • Is there a divergence of approaches between the Commission and the Court?
  • What lessons can be learnt by corporates from recent tax and state aid cases for compliance
  • Proposals for “Google tax” – how do they comply with state aid regulation?
17:20 - 17:30 10 mins
Chair’s Closing Remarks and Close of Conference