With its recent published Notice on the Notion of Aid the Commission aims to contribute to a consistent application of the concept of aid and, among others, outlines the main principles of the notion of undertaking and the concept of economic activity. The decisive element in designating an entity as an undertaking is the nature of its activities. A further crucial question in defining an activity as economic is whether according corresponding market exists.

The practice however often reveals how difficult it can be to draw the dividing line between economic and non-economic activities and/or to identify that activities are carried out within a market. In addition, the question of how to treat public authorities that are active in commercial markets remains challenging: Does the commercial strand of a public authority benefit from de facto guarantees? Are public undertakings – and their daughters – required to adhere to the Market Economy Operator Principle?

This intensive seminar will discuss different facets of the concept of economic activity, taking into consideration latest rulings of the courts and Commission decisions as well as the application of the Market Economy Operator Principle. The concept of economic activity will be discussed, among others, in relation to crucial areas such as infrastructure funding, public utilities and networks as well as Services of General Economic Interest (SGEI).

The EStAL Seminar 2017 will provide an in-depth examination and discussion of the most important topics pertaining to economic and non-economic activities and the question of how to treat a public authority performing as economic actor:

• Session I: Public Authorities between Economic and Non-Economic Activities
• Session II: Practical Challenges: In-house Separation, State Guarantees and Recovery
• Session III: How to Apply the Market Economy Operator Test?
• Session IV: Sectors Close to the Boundary: Utilities, Infrastructure, Health and Social Security
• Session V: Problem-Solving Session, Practical Cases & Final Discussion Round

You are highly welcome to send your individual questions and/or important issues beforehand – our experts look forward to answering your questions and giving you first-hand advice!