Enforcement and Litigation of EU State Aid Rules

State aid control is crucial for the proper functioning of the internal market. Yet, state aid law remains a highly technical field that poses several challenges for legal practitioners. This course is designed to respond to the needs of all actors involved in state aid enforcement and litigation (civil servants, agents and even judges of the Member States, as well as legal practitioners and in-house counsels).

Indeed, State aid rules concern not only the Member States granting the aid, but also the companies that gain a selective advantage affecting or likely to affect trade between Member States and market competition.

Among the common challenges regarding the enforcement and litigation of State aid rules is determining whether or not an action taken or a programme constitutes aid and, then, assessing whether the given aid can be considered compatible with the internal market. Another challenge stems from the fact that, despite the general prohibition of State aid, the legislation specifies many exemptions for aid that enhances the efficiency of the single market and boosts the European economy.

Additionally, the Commission’s implementation of the State aid policy has progressively resulted in a strengthening of the Commission’s control over the most complex forms of aid and an increased liability of the Member States in granting forms of aid. However, recent developments, such as the COVID-19 pandemic and the economic impact of the war against Ukraine, brought into light new – or at least renewed – challenges regarding State aid enforcement and litigation, namely the potential relevance of the socioeconomic and political context in appraising the existence or the justification of aid.

In this diffuse and complex context, this course aims to provide guidance on several aspects pertaining to the enforcement and litigation of State aid rules.

What will you learn:

Participants will learn about the basic principles of EU State aid policy and the latest developments on State aid rules without losing sight of the jurisprudential evolutions brought in the recent case law of the CJEU. Specific focus will be given to the enforcement of State aid rules by national courts.

The course will cover the following crucial topics:

• the notion of State aid;
• State aid procedures: notified aid, unlawful aid (recovery), misuse of aid and existing aid;
• the compatibility of State aid;
• the Block Exemption Regulations;
• the horizontal and sectoral aid rules.

Accordingly, it will focus on:

• the concept of State aid;
• the crucial judgments of the CJEU on State aid;
• the European Commission’s enforcement priorities;
• the revision of State aid instruments;
• the enforcement of State aid rules by national courts.

Course methodology/highlights:

The course sessions will be delivered by experts with a presentation on key topics. These will be followed by Q&A sessions to exchange of ideas, and discussions where participants will have the opportunity to share their professional experiences.

Participants will have the opportunity to test their knowledge on enforcement of EU State aid rules through workshops and interactive presentations.

The course will:

• update you on the most recent and important case law of the CJEU;
• raise awareness of the European Commission’s enforcement priorities;
• provide you with a practical approach of the role of the Commission and national courts in the enforcement of State aid rule.

EU and national civil servants; lawyers and in-house counsel dealing with State aid cases; national judges interested in state aid litigation.

Course venue
European Centre for Judges and Lawyers – EIPA Luxembourg
8 rue Nicolas Adames
1114 Luxembourg

Programme Organiser
Ms Nourhene Idani
Tel: +352 621 75 47 11
n.idani@eipa.eu

Fee
The fee includes documentation, refreshments and a lunch. Accommodation and travel costs are at the expense of the participants or their administration.

Discounts
EIPA member fee

EIPA offers a discount to all civil servants working for one of EIPA’s supporting countries, and civil servants working for an EU institution, body or agency.

Who are the supporting countries?
Civil servants coming from the following EIPA supporting countries are entitled to get the reduced fee: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Spain, Sweden.

For all other participants, the regular fee applies.

Early bird discount
The early bird discount is not cumulative with other discounts or promo codes, except for the EIPA member fee.

Meals
Dietary preferences can be indicated on the registration form.

Hotel reservations
EIPA has special price arrangements with a number of hotels. Most rates are including breakfast and tourist tax. Should you wish to make use of this possibility, please book directly via the links below. Payment is to be made directly and personally to the hotel upon checking out.

Kirchberg

• Hotel Melia*****, at the rate of €219, via tel.: +352 27 33 32 06 or via e-mail: melia.luxembourg@melia.com (booking code: 01350007ZKC)
• Hotel Novotel Kirchberg****, at the rate of €190, tel.: +352 429848-1; booking page: accorhotels.com (Company ID: SC000002048 – Access Code: IN281LU654).
• Hotel D’Coque***, via https://www.coque.lu/coque-hotel-superior/online-booking, tel.: +352 43 60 60 222

Luxembourg Centre

• Hotel Français***, at the rate of €150, tel.: +352 47 45 34; e-mail: info@hotelfrancais.lu; https://www.hotelfrancais.lu/ (Reservation code: EIPA).
• Hotel Parc Plaza****, at the rate of €168, (Reservation code: EIPA0118): https://www.goereshotels.com/parc-plaza-en
• Hotel Parc Bellevue***, at the rate of €137, (Reservation code: EIPA0118): https://www.goereshotels.com/belle-vue-en: +352 44 23 23 23 23; e-mail: reservation@goereshotels.com;
• Hotel Domus***, at the rate of between €144 and €156, tel.: +352 46 78 78 1; fax: +352 46 78 79; e-mail: info@domus.lu; https://www.domus.lu/(Reservation code: EIPA) – breakfast not included
• Hotel Simoncini****, at the rate of €180, tel.: +352 22 28 44; e-mail: simhotel@pt.lu or simoncinihotel@pt.lu; https://www.hotelsimoncini.lu/.

Railway Station Area

• Hotel City****, at the rate of €165, tel.: +352 29 11 22; e-mail: mail@cityhotel.lu; cityhotel.lu (Reservation code: EIPA).

Confirmation
Confirmation of registration will be forwarded to participants on receipt of the completed online registration form.

Payment
Prior payment is a condition for participation.

Cancellation policy
For administrative reasons you will be charged €150 for cancellations received within 15 days before the activity begins. There is no charge for qualified substitute participants. EIPA reserves the right to cancel the activity up to 2 weeks before the starting date. In that case, registration fees received will be fully reimbursed. EIPA accepts no responsibility for any costs incurred (travel, accommodation, etc.).

A few days before the start of the course you will receive the log-in details for accessing the course materials. You can log in here.