Posts Tagged ‘EU’
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 ...European Union – Fourth Annual Report on the screening of foreign direct investments into the Union (17 October 2024)
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Read More ...Balancing Security and Economics: The EU Investment Screening Mechanism
By Floor Doppen (University of Antwerp), Antonio Calcara (Vrije Universiteit Brussels) and Dirk De Bièvre (University of Antwerp) In the EU, Member States and the Commission are increasingly turning to trade and investment tools to address national security issues. In the face of concerns over technology leakage, supply chain resilience, dependencies in critical industries, data…
Read More ...The European Commission’s Fourth Annual Report on FDI Screening
By Sophie Bohnert, CELIS Blog A. Introduction This October is the month of investment screening. Not only did CFIS 2024, hosted by the CELIS Institute and convened by Steffen Hindelang and Roland Stein, take place in Paris (France) from 16 to 18 October 2024. It is also the month in which the European Commission (“EC”)…
Read More ...European Union – Commission Staff Working Document (26 July 2024) (EN
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Read More ...The European Union’s Critical Raw Materials Act: How Effective In Addressing Supply Chains Risks?
By Cecilia Nota, PhD Candidate University of Turin 1. Introduction In May 2024, Regulation (EU) 2024/1252, establishing a framework for ensuring a secure and sustainable supply of Critical Raw Materials, came into force. This contribution aims to assess how effectively this regulation addresses the current supply chain risks faced by the European Union (EU).…
Read More ...Commission’s Discretion, Court’s Self-restraint. On the EU Court’s Approach to Reviewing Fines in Competition Cases
By Robert Foyle, University College Dublin* The General Court consistently defers to the European Commission’s discretion and fining guidelines when imposing fines. This change limits judicial intervention and may undermine defendants’ rights. A reliance on the Commission’s Guidelines has contributed to this restrained approach, raising concerns about the implications for fair competition enforcement. …
Read More ...EU – In Depth Analysis: European Economic Security: Current practices and further development
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Read More ...Is the EU Foreign Subsidies Regulation compatible with WTO Law?
By Pierfrancesco Mattiolo, University of Antwerp The blog post summarizes parts of the article ‘The EU’s New Regime on Foreign Subsidies: Has the Time Come for a Paradigm-Shift?’ published by Professor Csongor Nagy in the Journal of World Trade. The paper is available here. State Capitalist Economies and the WTO It is no mystery that,…
Read More ...EU – Special report by the European Court of Auditors
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Read More ...European Commission – Summary results of the Targeted consultation on the evaluation and revision of the EU FDI Regulation (28 November 2023) (English)
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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 ...The Anti-Coercion Instrument has been adopted
By Ass.-Prof. Dr. Thomas Verellen, University of Utrecht [1] On October 23rd, 2023, the Council adopted the Anti-Coercion Instrument. The adoption by the Council comes a couple of weeks after the European Parliament gave its consent to the instrument on October 3rd. The Council’s press release states that the regulation will be signed on November…
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 ...Quelling the Flames or Fighting Fire with Fire? The EU’s Two Approaches to Foreign Subsidies
By Pierfrancesco Mattiolo, University of Antwerp At the base of the EU State aid regime is the principle that Member States cannot grant subsidies to their companies unless authorized by the European Commission. Subsidies are frowned upon by the EU Treaties since they may distort the internal market and create disparities between the Member States…
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 ...EU – Chips Act (8 February 2022)
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Read More ...Luxembourg – FDI Regime (14 July 2023) (French)
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Read More ...Frank Hoffmeister, Strategic autonomy in the European Union’s external relations law, Common Market Law Review, Vol. 60, Issue 3 (2023), 667-670.
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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 ...Mavlluda Sattorova, EU investment law at a crossroads: Open strategic autonomy in times of heightened security concerns
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Read More ...CJEU – Case C-106/22 (13 July 2023)(Hungarian)
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