Search results for: Xella
The ECJ’s Judgment in Xella – Judicial Cherry Picking?
By Alexia Crivoi, Vienna University of Economics and Business Introduction In the much-discussed Xella judgment of July 13 2023, the Court of Justice decided two things: that the scope of the EU FDI Screening Regulation does not extend to ‘indirect FDI’, rejecting arguments relating to the company structure of an EU-based but foreign-owned investor…
Read More ...CELIS Webinar CJEU Judgment in Xella: What will FDI Screening Look Like in the Future?
Join us for our Webinar on “CELIS Webinar CJEU Judgment in Xella: What will FDI Screening Look Like in the Future?” On 13 July 2023, the Court of Justice of the European Union ruled that Hungary’s decision to prohibit under their national FDI rules an investment by a foreign-owned Hungarian company aiming to acquire a…
Read More ...National Interest and Freedom of Establishment: The CJEU’s Judgment in Xella
By Bálint Kovács In its judgment[1] published on 13 July 2023, the Court of Justice of the European Union (CJEU) ruled that Hungary’s decision to prohibit an investment by a foreign-owned Hungarian company aiming to acquire a Hungarian company violated the freedom of establishment. The prohibition involved the use of the novel foreign direct investment…
Read More ...The New Significant Investments Review Act of Singapore – Some Insights and Lessons for Europe
By Philipp Reinhold, Saarland University Singapore is known for a legal framework and public policies which are generally favourable towards foreign investors.[1] The country is one of the most open economies in the world. For 2023 as a whole, net inflows of direct investment rose by S$17.6 billion (around US$13 billion) to S$151 billion…
Read More ...The notion of “security” in foreign trade law – Theory and Practice
By Dr. Carsten Bormann, Oppenhoff & Partner* 1. Introduction: All about security? The screening of foreign direct investment has gradually evolved from the traditional protection of vital national security interests through the prevention of outsourcing and the drain of specialized technological capabilities to the protection of geostrategic interests and the enforcement of industrial strategies. The…
Read More ...FDI Screening Regulation 2.0: Towards Greater Regulatory Convergence?
By Sophie Bohnert, Vienna University of Economics and Business/College of Europe Background The current Regulation on the Screening of Foreign Direct Investment into the Union (the “FDI Screening Regulation” or the “Regulation”) has sometimes been described as a first step towards a more comprehensive Europeanisation of investment control legislation and possibly even a supranationalisation of…
Read More ...CELIS Webinar on the new EU Economic Security Package
On February 8, 2024, CELIS will host a lunchtime webinar on the new EU Economic Security Package. Following our last lunchtime webinar on the Xella judgment, this time we will discuss the new EU Economic Security Package with renowned expert. Moderated again by Jonas Fechter and Janosch Wiesenthal, the package will be discussed by Christian…
Read More ...The EU Commission’s Economic Security Package: Scale Up and Revamp
By Sophie Bohnert, Vienna University of Economics and Business/College of Europe and Kilian Wagner, University of Vienna Introduction: Long Awaited, Much Longed-For! Over the past six months, the EC has been gradually releasing bits and pieces of information about possible initiatives to scale up and revamp the EU’s foreign trade and investment policy toolbox, creating…
Read More ...Looking Into the Crystal Ball: What Does 2024 Have in Store for Investment Screening?
By Sophie Bohnert, Vienna University of Economics and Business/College of Europe A 2024 Kick-Off Message from the Editors The CELIS Blog is back after its winter break! The Editorial Team wishes all readers, supporters, and partners a Happy New Year! The Editors would like to thank the CELIS Institute and its Board of Directors for…
Read More ...Marking a New Investment Era in Sweden: Enter the Swedish FDI Regime
By Pouya Ghotbi, Wistrand Advokatbyrå Background In 1916, the Swedish government introduced a piece of legislation restricting the right of foreigners to invest in Sweden. During the 1970s and early 1980s, the legislation was further tightened, making it difficult for foreigners to acquire businesses in Sweden without government scrutiny. The Act was abolished 1991,…
Read More ...CELIS Update on Investment Screening – November 2023
Ireland – Introduction of a new FDI screening regime on 31 October 2023 On 31 October 2023, the Screening of Third Country Transactions Act 2023 was signed into law. Since the initial draft was published on 2 August 2022, the Act has undergone a series of amendments during the course of 2023,. Therewith, for the…
Read More ...Taking due process seriously – The Administrative Court of Berlin doubles down on FDI procedural rules
By Jonas Fechter, University of Münster / CELIS Deputy Assistant Director I. Introduction Investment screening is infamous for the low number of judicial proceedings that have challenged the legality of the prohibition and mitigation measures imposed by governments. As a result, there is, as yet, no strong body of case law clarifying how investment screening…
Read More ...‘A Chain Works Just as Well as its Weakest Link’ – CFIS Keynote and Roundtable on the Review of the EU FDI Screening Regulation
By Ass.-Prof. Dr. Lena Hornkohl, University of Vienna / CELIS Deputy Director The annual conference of the CELIS Institute dealt with the pivotal question of Investment Screening and Economic Security and its current challenges. CFIS 2023 was held in Prague from 11 – 13 October 2023 and consisted of a private and a public part.…
Read More ...Economic Security in the EU: Key Takeaways from CFIS 2023
By Dr. Roland Stein, LL.M. Eur., BLOMSTEIN / CELIS Deputy Director The CELIS Forum on Investment Screening (CFIS) 2023 conference in Prague provided valuable insights into the multifaceted realm of economic security in the European Union (EU). The discussions centered on critical issues such as the screening of foreign inward direct investments, outward investment controls,…
Read More ...It’s that time of year again: The European Commission’s Third Annual Report on FDI Screening is out!
By Sophie Bohnert, Vienna University of Economics and Business/College of Europe Introduction On 19 October 2023, the European Commission (“EC”) published its Annual Report on the screening of foreign direct investments into the Union (“Report”), covering the year 2022. This Report is accompanied by the usual Staff Working Document. This is the third report…
Read More ...CELIS Update on Investment Screening – July 2023
Spain – Spanish FDI Regulation enacted on 4 July 2023 Over the past three years, Spain has significantly strengthened its FDI regime. On 4 July 2023, the Spanish Council of Ministers approved the Royal Decree 571/2023 of 4 July on foreign investments and therewith amended and developed a number of rules that had been introduced…
Read More ...CELIS Events
CELIS Events CFIS 24 Paris CFIS 24 – Investment Screening and Economic Security (16) -17-18 October 2024 | On-site and online | In private and public sessions | Paris (France) The CELIS Forum on Investment Screening (CFIS) is the flagship event of the CELIS Institute, to be held in its 6th edition this year. CFIS…
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