Overview
The relationship between public procurement and State aid control rules had been controversial for a long time. Whereas the award of a public contract amounted to the grant of State aid in the past - as long as being in compliance with the EU public procurement rules -, this blunt exclusion of State aid control in the field of public procurement was re-examined in connection with the 2014 EU Public Procurement Directives and the State Aid Modernisation Initiative (SAM). However, the question remains whether the present rules of EU competition law do lead to a constructive competition or whether internal inconsistencies in areas of EU economic law may still require enhanced convergence.

Our intensive workshop focusses on the interplay of State aid and public procurement rules including the new PP-Directives 2014/24 and 2014/15. The main focus will be on the sector research, development and innovation (R&D&I) and on Services of General Economic Interest (SGEI). The workshop will provide you with a solid understanding of applicable rules - illustrated by a range of best-practice examples and various case studies.

Topics of the Workshop

• Legal Framework on public procurement & State aid and competition and at EU level
   
• Relationship between the Altmark Criteria and public procurement
   
• Concept of the “market economy buyer”: Does the mere compliance with public procurement rules guarantee that the requirements of the MEIP are met?
   
• Innovative Procurement and its compatibility with the rules for R&D-related State aid
   
• Provisions of the SGEI Package: How to handle an open procurement procedure to select operator for the delivery of SGEI and eliminate State aid?
   
• Case Studies:
  • Innovative Procurement
  • Social Housing
  • Sport and Leisure Infrastructure

Who should participate?

This intensive workshop is targeted at:

• Public authorities on EU, national and regional level
• Central Purchasing Bodies (CPBs)
• National and international agencies in charge of regional development and economic cooperation
• Consultants
• Lawyers
• Academics
• NGOs