Posts Tagged ‘CELIS-CONTENT-Judicial-Decision’
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 ...Global Telecom Holding S.A.E. v Canada – Investment arbitration as a potential remedy against negative FDI screening decisions?
By Kilian Wagner, University of Vienna FDI screening and international investment law Bilateral investment treaties (BITs) and specific chapters in free trade agreements include substantive standards of investment protection. These comprise rules on expropriations, national and most-favoured-nation treatment, and the fair and equitable treatment (FET) of investments. Most BITs contain provisions on investor-state dispute settlement…
Read More ...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 ...CJEU – Case C-106/22 (13 July 2023)(Hungarian)
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Read More ...Higher Administrative Court Berlin: Refuse of takeover under German FDI screening regime (31.01.2022 – OVG 1 S 10/22) (German)
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Read More ...CJEU, Case C-638/19 P, ECLI:EU:C:2022:50 – Commission v. European Food and others
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Read More ...CJEU, Case C-109/20, ECLI:EU:C:2021:875 – Republic of Poland v. PL Holdings
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Read More ...CJEU, Case C-284/16, ECLI:EU:C:2018:158 – Slovak Republic v. Achmea
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Read More ...CJEU, Case C-741/19, ECLI:EU:C:2021:655 – Republic of Moldova v. Komstroy
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Read More ...United Nations Conference on Trade and Development, Investment Policy Hub
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Read More ...European Court of Justice case on freedom of establishment and undertakings’ cross-sector economic dimension: C-719/18, Vivendi SA v Autorità per le Garanzie nelle Comunicazioni
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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 ...European Court of Justice case law on thresholds for definite influence by investors
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Read More ...European Court of Justice cases involving the “special security exemption” in TFEU Article 346
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Read More ...European Court of Justice cases involving the “special security exemption” in TFEU Article 346: C-474/12, Schiebel Aircraft GmbH v Bundesminister für Wirtschaft, Familie und Jugend
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Read More ...European Court of Justice judgments in the Test Claimants in the FII Group Litigation case
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Read More ...European Court of Justice Golden Shares cases: C-244/11, Commission v Greece
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Read More ...European Court of Justice cases involving the “special security exemption” in TFEU Article 346: C-615/10, Insinööritoimisto InsTiimi Oy
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Read More ...European Court of Justice Golden Shares cases: Portugal
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Read More ...European Court of Justice cases involving the “special security exemption” in TFEU Article 346: C-284/05, Commission v Finland
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Read More ...European Court of Justice Golden Shares cases: Italy
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Read More ...European Court of Justice cases involving the “special security exemption” in TFEU Article 346: C-337/05, Commission v Italy
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Read More ...European Court of Justice Golden Shares cases: C-112/05, Commission v Germany (Volkswagen-VW)
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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.
Read More ...European Court of Justice Golden Shares cases: Spain
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