State Aid for Tax Measures

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1 State Aid for Tax Measures Concept of State Aid and Tax Measures, Applicable Rules And Relevant Case Law Two-day intensive training on State aid in form of tax measures, combining the presentation of rules and principles applying to direct taxation with an assessment of the compatibility of tax aid with the internal market, and with an in-depth analysis of most significant cases and Commission decisions. CHAIR Professor at the College of Europe in Bruges and at the Maastricht University, Academic Director at lexxion training EXPERTS Pierpaolo Rossi Member of the Legal Service, Dir E CONC Team (Competition), European Commission Péter Staviczky State Aid Attaché, Permanent Representation of Hungary to the EU, Brussels, Belgium Sjoerd Douma Professor of International & EU Tax Law, Leiden University Christian Ahlborn Partner, Linklaters LLP, London Kelly Stricklin-Coutinho Barrister, 39 Essex Chambers, London

2 General information State aid in form of tax measures and exemptions differs from classical subsidies-based aid. In the absence of explicit State aid regulation for fiscal measures, the general State aid rules and principles apply, under consideration of the relevant case law. The Commission s practice and the Courts jurisprudence being in constant evolution, the assessment of potential State aid constitutes a peculiar challenge for practitioners dealing with the design and implementation of fiscal policies. Our two-day intensive training on State aid in form of tax measures combines the presentation of rules and principles applying to direct taxation with an assessment of the compatibility of fiscal aid with the internal market, and with an in-depth analysis of most significant cases and Commission decisions. Thematic scope The two-day training will cover the following key issues: General principles of the application of State aid rules to tax measures Review of the concept of selectivity and its application to tax measures 3 The Commission 1998 communication on direct taxation and the current investigations Parafiscal levies and hypothecation of tax measures Case studies, best practice and national experiences Tax measures applied by sub-national authorities: The cases of Italian regions and German airports The Dutch Interest Box Case The Spanish Goodwill, Tax Lease and Internet Gambling Cases Environmental Taxes and the Dutch NOx and British Aggregates Cases Application of State Aid Rules to Tax Measures in the Hungarian Practice The training will conclude with an interactive problem solving session with a discussion on problems raised by the participants Focus group o o o Experts from the State Aid Monitoring Offices Public officials involved in design and implementation of tax measures: Ministries for Finance National and regional fiscal and tax authorities Regional governments Fiscal and legal experts from the National Banks Lawyers and consultants specialised in public affairs

3 Programme Day 1 Day 1, 26 October :30 09:00 Registration 09:00 09:30 Welcome note by lexxion training and the chair; Introduction round, Jan Tinbergen Professor and Director of Studies at the College of Europe in Bruges 09:30 11:00 Application of State Aid Rules to Tax Measures How Article 107(1) applies to tax measures How it applies to tax measures adopted by authorities at different levels of government How aid in tax measures can be compatible with the internal market 11:00 11:30 Coffee break 11:30 12:30 Review of the Case Law on the Concept of Selectivity and its Application to Tax Measures 12:30 13:30 Lunch Kelly Stricklin-Coutinho, Barrister, 39 Essex Chambers, London 13:30 15:00 The Commission s Review Practice: From the 1998 Notice on Direct Taxation to the Current Investigations 15:00 15:30 Coffee break Scope of Commission s review Tackling tax measures: Substance over form vs form over substance The effect based doctrine and justification The turning point: Gibraltar Reviewing individual tax rulings Recovery and taxpayers expectations Pierpaolo Rossi, Member of the Legal Service, Dir E CONC Team (Competition), European Commission 15:30 16:30 The Dutch Interest Box Case Sjoerd Douma, Professor of International & EU Tax Law, Leiden University 16:30 17:30 The Spanish Goodwill, Tax Lease and Internet Gambling Cases Christian Ahlborn, Partner, Linklaters, London 17:30 Q&A, End of day 1 Good and practical training with many interesting case studies. Participant from State Aid Training, March 2015

4 Programme Day 2 Day 2, 27 October :00 10:30 Environmental Taxes and the Dutch NOx and British Aggregates Cases Sjoerd Douma 10:30 11:00 Coffee break 11:00 11:45 Tax measures applied by subnational authorities: The cases of Italian regions and German airports The decisive element of the scope of jurisdiction 11:45 12:30 Parafiscal Levies and Hypothecation of Tax Measures Conditions under which tax measures that finance State aid are assessed together with State aid Concept of hypothecation Conditions for compatibility of hypothecated tax measures with internal market rules on free movement and establishment 13:30 14:30 Best Practice: Application of State Aid Rules to Tax Measures in the Hungarian Practice 14:30 14:45 Coffee break Péter Staviczky, Attaché for State Aid, Hungarian Permanent Representation, Brussels 14:15 15:30 Problem Solving Session with Case Studies and Discussion on Problems and Questions Raised by the Participants 15:30 End of the Training Free Copy: State Aid Uncovered 12:30 13:30 Lunch Training participants will receive a free copy of ' book, a compilation of all State Aid Uncovered articles from 2014.

5 Speakers Chair: Professor at the College of Europe in Bruges and at the Maastricht University, Academic Director at lexxion training was educated in the United States, the Netherlands and the United Kingdom. He has a PhD in Economics and a PhD in Law. He presently holds positions at the College of Europe and the University of Maastricht. He has published extensively on European integration, competition policy and State aid. He is also on the editorial boards of several journals. Dr. Nicolaides has organised seminars and workshops in many different Member States, and has acted as consultant to several public authorities. Pierpaolo Rossi Member of the Legal Service, Dir E CONC Team (Competition), European Commission Pierpaolo Rossi is a law and economics graduate, attorney at law and certified accountant in Italy. In 2002, he obtained his LL.M. at NYU - International Tax Program. Pierpaolo Rossi is a senior public servant. He served in the Italian tax administration (Guardia di Finanza) from 1987 to 1995, directing outfield tax offices in Aosta, Asti and eventually heading the International Tax Section of Guardia s Headquarters in Rome. He joined the European Commission in Brussels in 1995 and is now a Member of the Competition Team at the Commission s Legal Service. Pierpaolo Rossi is regular lecturer and author of numerous publications in the field of EU and international taxation, and EU competition law. Sjoerd Douma Professor of International & EU Tax Law, Leiden University Mr. Douma teaches International and EU Tax Law at Leiden University, and is Deputy Director of the International Tax Center Leiden. He is also a senior manager at PwC as Dutch Head of the EU Direct Tax Group. Prior to joining Leiden University and PwC in 2004, Sjoerd was a legal clerk with the Tax Chamber of the Dutch Supreme Court. He obtained a LLM in tax law at Leiden University in 1998 and additional degrees in criminal law and civil procedural law at Leiden University in Péter Staviczky Permanent Representation of Hungary to the EU, Brussels, Belgium Read law at the Pázmány Péter Catholic University Faculty of Law ( ) and Comparative Law at the International Faculty of the University Robert Schuman Strasbourg ( ). He did a banking-lawyer postgraduate training ( ) and took part in the common European specialist course of the Ministry of Foreign Affairs and the French École National d Administration in spring He has been working at the State Aid Monitoring Office in Budapest since In 2007, he was appointed as head of the unit. He is a regular speaker at the seminars on State aid. Since January 2011 he is the attaché responsible for State aid at the Permanent Representation of Hungary to the EU in Brussels. Christian Ahlborn Partner, Linklaters, London Christian Ahlborn is Solicitor of the Senior Courts of England and Wales. At Linklaters Lonon, he is Partner in EC competition law and EC state aid control, UK competition law and German competition law, including notifications to EC and national competition authorities. Kelly Stricklin-Coutinho Barrister, 39 Essex Chambers, London CV will be published here soon.

6 Registration form [Please fax to Lexxion Publisher Fax: or to Organiser Venue Ealy booking rate Participation fee lexxion training on behalf of Lexxion Publisher Brussels, Belgium Register by 14 September 2015 and save 10% of the fee. Fee for public authorities: 1090 (excl. Belgian VAT) with additional discount for EStAL-subscribers: 990 (excl. Belgian VAT) Fee for private sector: 1550 (excl. Belgian VAT) with additional discount for EStAL-subscribers: 1450 (excl. Belgian VAT) The Belgian VAT of 21% will be added where applicable. The participation fee includes the seminar material, coffee breaks and lunch. Cancellations should be made in writing per post or fax. Please note that the full fee will be charged for cancellations received after Nomination of a substitute remains possible. A cancellation arising by reason of too small a number of participants is effected no later than two weeks prior to the seminar. 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 organiser. For more detailed information, scope and conduct of contract as well as cancellation policy, please check the Terms & Conditions on our website. Registration Lexxion Verlagsgesellschaft mbh Güntzelstr Berlin, fax: Contact Person Ms Karima Hayit phone: YES, I would like to participate for the fee for public authorities of EUR 1090, (excl. VAT). YES, I would like to participate for the fee for private sector of EUR 1550, (excl. VAT). YES, I am ESTAL -subscriber (100 discount applicable) Name and Company Name Address Phone, Fax Customer No. of EStAL-Subscription VAT Reg.-No.

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