Lessons learned from the “Kleo Connect” Case

CELIS Events

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 Serbia 2023

Country Note Norway 2023

CELIS Country Note on Serbia, 2023 by Luka Marosiuk Date of Publication: 25 October 2023 The Republic of Serbia promotes itself as an open country and tries to attract as much foreign investments as possible, from various sources and in various fields. In the last year (2022), the Republic of Serbia attracted numerous foreign direct…

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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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Country Note Norway 2023

Country Note Norway 2023

CELIS Country Note on Norway, 2023 by Charlotte Hafstad Date of Publication: 25 October 2023 Since 1 January 2019, investments in Norwegian companies that are subject to the Security Act, have been screened by Norwegian authorities. The screening provisions of Chapter 10 in the Security Act have recently been amended, though they has not entered…

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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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The ECJ’s Judgment in Xella – Judicial Cherry Picking?

CELIS Update on Investment Screening – May 2023

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…

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