Blog

Topic: Europe

Analysis and commentary from the CELIS network.

Analysis, series and commentary on investment screening, economic security and investment law.

11 articles

Empowering the Forgotten: Competitors’ Rights and Remedies under the Foreign Subsidies Regulation

The Foreign Subsidies Regulation (FSR) is a new instrument adopted to protect the internal market from the distortive effects of public intervention. While the FSR resembles existing competition and trade tools, it differs notably in how it addresses…

29 January 2025

Latest Trends in Czech FDI Screening

The Czech Republic’s FDI screening regime has been in place since 2021. While the screenings remain fully confidential, annual reports of the Ministry of Industry and Trade (MoIT) allow us to deduct some of the enforcement trends and structure of

22 January 2025

Lessons learned from the “Kleo Connect” Case

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…

15 December 2023

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

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…

12 December 2023

Screening Regime for Foreign Investment to be Introduced in 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…

8 December 2023

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

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…

4 December 2023

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

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

29 November 2023

Evaluation Report on Amendments to the German Investment Screening Mechanism

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…

19 October 2023

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

Introduction In the much-discussed Xella judgment of July 13 2023, the Court of Justice decided two things: The Xella judgment has so far been mostly well received in scholarship, being for example described as ‘confirming orthodoxy’ here. Looking at the

18 October 2023

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

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

14 August 2023

CELIS Briefing Note: Switzerland – Swiss Federal Council sets out the parameters of a Swiss investment control regime

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25 August 2021