Posts CELIS 2019
Empowering the Forgotten: Competitors’ Rights and Remedies under the Foreign Subsidies Regulation
By Alessandro Carpi, Associate at Cleary Gottlieb Steen & Hamilton LLP (Brussels) The Foreign Subsidies Regulation (FSR) is a new instrument adopted to protect the internal market from the distortive effects of public intervention. While the FSR resembles existing competition and trade tools, it differs notably in how it addresses complaints from competitors. Indeed, the…
Read More ...Latest Trends in Czech FDI Screening
By Jan Kupčík, Head of Competition, Foreign Trade & EU, Schoenherr Czech Republic The Czech Republic’s FDI screening regime has been in place since 2021. While the screenings remain fully confidential, annual reports of the Ministry of Industry and Trade (MoIT) allow us to deduct some of the enforcement trends and structure of cases that…
Read More ...An overview of the U.S. outbound screening program and considerations for private and public actors
By John Kabealo, Founding Partner, Kabealo PLLC On October 28, 2024, the U.S. Department of the Treasury finalized its highly anticipated regulations to implement Executive Order 14105, Regulating outbound U.S. investments in countries and sectors that may pose national security concerns for the United States. The regulations finalize the draft regulations published June 21, 2024…
Read More ...The Foreign Subsidies Regulation – One Year in Review: Challenges and Ways Ahead
By Cécile Carlier (Simmons & Simmons) and Pierfrancesco Mattiolo (University of Antwerp) An expert panel session convened in Brussels on 20th November 2024 to discuss the notification-based procedures of the FSR. Adopted in November 2022, the Foreign Subsidies Regulation (FSR) is the latest arrival in the EU competition toolbox. Having just celebrated its second…
Read More ...First Day in Court for the EU’s Defence Industrial Policy
By Mats Cuvelier Introduction On 18 September 2024, the General Court rendered its judgment in Case T-617/22, concerning French aicraft engine maker Safran’s request to annul a decision by which the European Commission rejected its bid to carry out a project under the European Defence Fund (EDF). It is the first time the Court has…
Read More ...Understanding the Importance of Investment Screening measures for Financial and Economic Security of India
By professor Bimal N. Patel, Vice-Chancellor, Rashtriya Raksha University / National Security University of India Introduction The interdependence of economic policies and progress and national security always remains intertwined; financial and economic strength of India underpins its military capabilities, diplomatic influence, and internal stability. The Indian economy is likely to continue growth-rate of 7% in…
Read More ...Belgium’s FDI Screening Mechanism: 17 Months of Navigating the Blackbox
By Paul Hermant, Baptist Vleeshouwers and Claire De Neve. 1. Introduction Belgium’s Foreign Direct Investment (FDI) screening regime, implemented on 1 July 2023, is designed to protect the national security and strategic interests of Belgium and its federated entities. Now, over 17 months into the regime, and with the release of the first Annual Report…
Read More ...The Commission´s and ECJ´s Approach to Investment Arbitration
By Juliane Kokott, Advocate General at the Court of Justice of the European Union Juliane Kokott, Advocate General at the European Court of Justice, discusses two developments in the area of investment law. This blog series features two posts by AG Kokott on (I) intensified investment screening and (II) on the ECJ-induced termination of intra-EU…
Read More ...The ECJ and Investment Control – Intensified Investment Screening
By Juliane Kokott, Advocate General at the Court of Justice of the European Union The European Court of Justice (ECJ) and the Commission very much influence the investment climate in Europe. They have been very successful in abolishing all kind of direct and indirect impediments to the free movement of people, goods, services and capital.…
Read More ...Update on Outbound Investment Screening: Current Developments in the EU and US
By Konstantin Ahlers, PhD Candidate at the Leibniz Universität Hannover 1. Introduction Since the European Commission added the regulation of Outbound Investments onto its 2023 Working Program in fall 2022 and President Biden signed the Executive order to restrict Outbound Investments by US- persons in summer 2023, a lot has happened in regard of Outbound…
Read More ...How to Prevent the EU from Falling Behind?
By Bruno Dupré, Political Advisor for the Indian Ocean, European External Action Service Summary The future of Europe does not depend on what President Trump thinks or will do. Nobody knows and he is to a certain extent unpredictable. The future of Europe will depend on our capacity to take our destiny in our…
Read More ...The Stony Road to de-fragmentation of EU Foreign Direct Investment Control
By Oliver Geiss This blog was first published on the Squire Patton Boggs Trade Practitioner Blog On 9 September, Mario Draghi published a report on ‘The Future of European Competitiveness’ highlighting the need for the EU to strengthen its Investment Screening Mechanism. The report was part of a broader effort to assess and…
Read More ...Can the “buy European” requirement counter the challenges of the European Defence Technological and Industrial Base? A critical perspective on EDIS and EDIP
By Grith Skovgaard Ølykke[1], Gregory Kegels, Caroline Buts and Cind Du Bois. This post has been prepared within the framework of the BEPIDS project (Belgian Economic Potential in the Industry of Defence and Security), a project funded largely through the ‘Belgian Federal Public Planning Service Science Policy’ (BELSPO) and partially by the Belgian ‘Royal Higher Institute…
Read More ...Some Reflections on the Investment Control Regime in Sweden: Unnecessary Obstacles to Legitimate Financing?
By Alexander Tham and Maja Kristiansson-Gran The Swedish Act on Screening of Foreign Direct Investments (the “FDI Act”) entered into force on 1 December 2023. The FDI Act is the first of its kind in Sweden, at least in the modern legislative landscape. (Pouya Ghotbi 2023 has given an overview, not only of the FDI Act…
Read More ...The Swedish Screening of Foreign Direct Investments Act
By Dr. iur. Magnus Schmauch, Louise Sörelind, Martyna Lechowska, Gustav Eiroff Introduction The Swedish Act on the Screening of Foreign Direct Investments (Sw. lag (2023:560) om granskning av utländska direktinvesteringar) (the “FDI Act”) entered into force on 1 December 2023. Closing in on the first anniversary of the FDI Act, Dr. iur. Magnus Schmauch…
Read More ...CELIS Update on Investment Screening – July 2024
Romania – Romanian Parliament introduces new law revising and reinforcing the approach towards EU investors On 17 July 2024, the President of Romania officially promulgated the new law Nr. 231. It took effect three days after its publication in the Official Gazette on 18 July 2024. One of the most important aspects of the new…
Read More ...Cheng Bian, Foreign Direct Investment Screening and National Security: Reducing Regulatory Hurdles to Investors Through Induced Reciprocity
Journal of World Investment & Trade, Volume 22, Issue 4, August 2021, pages 561-595.
Read More ...EU-China Comprehensive Agreement on Investment (in principle), 22 January 2021
European Commission’s overview of timeline and documents. Text of the agreement in principle.
Read More ...Australian Foreign Acquisition and Takeovers Act 92 as consolidated 1 January 2021
An Act relating to the foreign acquisition of certain land interests and to the foreign acquisition and foreign control of certain business enterprises and mineral rights of 1975 as amended by the Foreign Investment Reform (Protecting Australia’s National Security) Act 92 of 14 December 2020.
Read More ...Steffen Hindelang
Steffen Hindelang is a professor (wsr) at the Department of Law of the University of Southern Denmark in Odense. He teaches and researches in the areas of international economic law, esp. international investment law, EU law and German public law. He is also adjunct faculty at Humboldt-Universität zu Berlin and Technische Universität Berlin as well…
Read More ...Protected: CELIS Conference Presentations
There is no excerpt because this is a protected post.
Read More ...European Court of Justice case law on circumvention, “wholly” or “purely” artificial arrangements and avoidance
C-255/02, Halifax plc, Leeds Permanent Development Services Ltd, County Wide Property Investments Ltd v Commissioners of Customs & Excise, Judgment of the Court of 21 February 2006, paras 67-86 and 90-99. C-446/03, Marks & Spencer plc v David Halsey (Her Majesty’s Inspector of Taxes), Judgment of the Court of 13 December 2005, para 57. C-196/04,…
Read More ...Council Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute for a European company (SE), consolidated 1 July 2013
OJ L 294, 10.11.2001, p. 1–21.
Read More ...European Court of Justice Golden Shares cases: C-282/04 and C-283/04, Commission v Netherlands
Joined cases C-282/04 and C-283/04, Commission of the European Communities v Kingdom of the Netherlands, Judgment of the Court (First Chamber) of 28 September 2006.
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