Taking due process seriously – The Administrative Court of Berlin doubles down on FDI procedural rules

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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…

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Country Note Belgium 2023

Country Note Norway 2023

CELIS Country Note on Belgium, 2023 by Thijs de Cuyper Date of Publication: 25 October 2023 The Belgian cross-sectoral Investment Screening Mechanism (ISM) has recently entered into force. The objective of this mechanism is to identify and mitigate risks related to Foreign Direct Investments in Belgian critical infrastructure and strategic assets. The journey towards creating…

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Evaluation Report on Amendments to the German Investment Screening Mechanism

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By Jonas Fechter, University of Münster / CELIS Deputy Assistant Director   I. Legislative changes and reporting duties Over the past couple of years, investment screening has become a central legislative instrument for promoting security and public order in many Western countries. When Germany first introduced its two-tier screening system in 2004 (military sector) and…

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Country Note Poland 2023

Country Note Poland 2023

CELIS Country Note on Poland, 2023 by Maria Kalinowska and Marek Jaśkowski Date of Publication: 14 August 2023 The Note contains basic information on the political background of FDI screening in Poland, the Polish FDI screening mechanism and framework, including protected entities, grounds for issuing objection against a planned investment, and the procedure. A noteworthy…

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Country Note Bulgaria 2023

Country Note Bulgaria 2023

CELIS Country Note on Bulgaria, 2023 by Iliana Boycheva Date of Publication: 14 August 2023 Bulgaria has taken some steps to ensure compliance with the EU’s FDI Regulation. An analysis of the legislation in Bulgaria shows that there are laws that provide for screening-like elements for foreign investments/investors. However, the country is one of the…

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National Interest and Freedom of Establishment: The CJEU’s Judgment in Xella

CELIS Update on Investment Screening – June 2023

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…

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Country Note Czech Republic 2023

Country Note Czech Republic 2023

CELIS Country Note on Czech Republic, 2023 by Ondřej Svoboda Date of Publication 31.07.2023 Abstract The Czech Republic introduced its new investment screening mechanism in May 2021 after the Foreign Investments Screening Act coming into force in February 2021. It was the result a consultative process started in 2018 set off by the debate among…

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Country Note Portugal 2023

Country Note Portugal 2023

CELIS Country Note on Portugal, 2023 by Suzana Tavares da Silva and Marta Vicente Date of Publication 27.07.2023 Abstract The 2010 financial crisis was a critical moment in Portugal’s political and legal interaction withforeign investment. Not only it prompted the privatization of most public companies in theutilities sector (electricity post, airports), but it led to…

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Country Note Slovakia 2023

Country Note Slovakia 2023

CELIS Country Note on the Slovak Republic, 2023 by Matej Šimalčík, Central European Institute of Asian Studies, Nechala and Partners Date of Publication 06.07.2023 Abstract This paper highlights the legal, economic, and political background of Slovakia’s foreign direct investment (FDI) screening regime. Slovakia, as a traditionally open economy, has recently introduced measures to screen and potentially ban foreign…

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Country Note Denmark 2023

Country Note Denmark 2023

CELIS Country Note on Denmark, 2023 by Rebecca Vikjær-Andresen (Attorney and partner at Poul Schmith Law Firm) and Hussain Raja Abdullah (Lawyer at the Capital Region of Denmark) Date of Publication 06.07.2023 Abstract Since September 2021, investments in Danish companies have been subject to a new Danish investment screening mechanism. The screening is mandatory for investments of 10…

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