BDI / CELIS German Chapter – Investment Screening Conference

If you are interested in the latest developments and challenges in the field of investment screening and its impact on the German economy, you should not miss the Investment Screening Conference hosted by BDI and CELIS German Chapter on February 20, 2024 at the Haus der Deutschen Wirtschaft in Berlin. You can find the programme…

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Launch of the CELIS German Chapter and BDI-Event in Berlin

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By Leonard von Rummel, BLOMSTEIN  If you are interested in the latest developments and challenges in the field of investment screening and its impact on the German economy, you should not miss the Investment Screening Conference hosted by BDI and CELIS German Chapter on February 20, 2024 at the Haus der Deutschen Wirtschaft in Berlin.…

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Lessons learned from the “Kleo Connect” Case

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By Janosch Wiesenthal, University of Lüneburg     Due to its geo-economic orientation, both politicians and legal scholars usually perceive investment screening as a field being at the mercy of political interests. The “Kleo Connect” case confirms that this traditional perception still holds true. In addition, it also reveals that investment screening mechanisms might be…

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Huawei Technologies Co. LTD. v. The Kingdom of Sweden – ISDS as a potential remedy against the Huawei ban from the 5G rollout?

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By Kilian Wagner, University of Vienna    Spearheaded by the United States, several states including Australia, Canada, Japan and the United Kingdom have imposed restrictions on the Chinese tech-giant Huawei. These measures essentially ban Huawei’s products for the roll-out of the infrastructure for the fifth generation of wireless technology (5G) on national security grounds. The…

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Screening Regime for Foreign Investment to be Introduced in Ireland

CELIS Update on Investment Screening – May 2022

By Conor Hand, Deputy Director Investment Screening Unit at the Department of Enterprise Trade and Employment (Ireland)    Introduction In an increasingly interconnected world, the national and global security environment is becoming more contested and complex. Reflecting this changing environment, and the increasing diversification of threats, the Irish Government has passed a key piece of…

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Marking a New Investment Era in Sweden: Enter the Swedish FDI Regime

CELIS Update on Investment Screening – May 2022

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,…

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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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