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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of... more +
The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -
Hogan Lovells

EU Member States reach agreement on ECT arbitration clause

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On 26 June 2024, 26 EU Member States and the EU signed a declaration regarding the non-applicability of the investor-state arbitration clause in the ECT intra-EU (Declaration). The Declaration also sought to disapply the...more

Latham & Watkins LLP

EU and Euratom to Withdraw From the Energy Charter Treaty: The End of an Era?

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The EU and Euratom will withdraw from the Energy Charter Treaty with Member States to support modernisation in the future. The European Council has adopted four decisions, confirming that the EU and Euratom will leave the...more

A&O Shearman

MiCAR under the microscope - Part 4: The CASP licensing regime

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To avoid potential risks to investor protection, as well as to financial stability within the European single market, the Regulation on Markets in Crypto-assets (MiCAR) is about to introduce a harmonised and dedicated set of...more

White & Case LLP

European Commission proposes measures to up the ante on EU FDI screening

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Foreign direct investment ("FDI") screening was one of the major topics of 2023 as a myriad of new regimes joined the FDI club and its more seasoned members continue to strengthen scope and enforcement, with the impacts felt...more

A&O Shearman

Draft EU Foreign Investment Screening Regulation sets out more comprehensive screening regime

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On 24 January 2024, the European Commission (EC) published its proposed reform of foreign investment screening in the EU. The proposal introduces more comprehensive rules for the review of foreign investments and strengthens...more

Latham & Watkins LLP

Infrastructure Insights - October 2023

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EU Court Ruled on FDI Screening Limits - Implications for Investors - The Court of Justice of the European Union’s first decision on foreign direct investment (FDI) screening limits the scope of the EU FDI Screening...more

A&O Shearman

Third annual report on EU foreign investment reveals a significant increase in formal screenings

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The European Commission (EC)’s third annual report on EU foreign direct investment (FDI) screening covers the operation of the screening mechanism in 2022. Together with a Commission Staff Working Document, it details...more

White & Case LLP

Foreign direct investment reviews 2023: A global perspective

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Now in its seventh year of annual publication, White & Case's Foreign Direct Investment Reviews provides a comprehensive look into rapidly evolving foreign direct investment (FDI) laws and regulations in approximately 40...more

White & Case LLP

The EU Releases its Second Annual FDI report showing increased momentum in FDI regulation and screening in the EU27

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On 1 September, the European Commission (EC) issued its Second Annual Report under Article 5(4) of the Foreign Direct Investments (FDI) Screening Regulation along with an EC Staff Working Document (SWD). The Report covers the...more

Goodwin

Public Consultation on a Common EU-Wide System for Withholding Tax Claims on Dividend and Interest Payment

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The EU Commission published a public consultation based on its initiative to introduce a common EU-wide system for withholding tax on dividend or interest payments, which includes a system for tax authorities to exchange...more

White & Case LLP

Foreign direct investment reviews 2021: European Union

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Member States are introducing or expanding investment screening regimes, and the European Commission is now playing an active role - While there is no standalone foreign direct investment (FDI) screening at the EU level, the...more

Goodwin

European Commission Outlines Proposals For AIFMD 2

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As the Alternative Investment Fund Managers Directive (“AIFMD”) was being developed prior to 2011, there were serious concerns across the funds industry that it might force managers to set up their funds offshore to avoid the...more

White & Case LLP

European Commission Releases First Annual Report on FDI Screening in the EU

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The European Commission (EC) issued its first Annual Report pursuant to Article 5(3) of the Screening Regulation on foreign direct investment (FDI) in the EU on 23 November 2021. The Report provides transparency around the...more

A&O Shearman

Republic of Poland v PL Holdings SÀRL: CJEU Further Undermines Intra-EU Investment Protections

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On 26 October 2021, the Grand Chamber of the Court of Justice of the European Union (CJEU) handed down its judgment in Republic of Poland v. PL Holdings Sàrl. The CJEU ruled that EU Member States are prohibited from entering...more

A&O Shearman

Court of Justice of the European Union says ad hoc submission to arbitration of dispute between EU Member State and EU investor...

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On 26 October 2021, the Court of Justice of the European Union (the Court) delivered its judgment in Case C‑109/20, Republic of Poland v PL Holdings S.á r.l. (PL Holdings)....more

Goodwin

The Cross Border Distribution of Funds Directive – Practical Issues Arising From Implementation Across the EU

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The purpose of this Client Alert is to consider some practical issues for managers when undertaking pre-marketing activities in the European Union following the implementation of the Cross Border Distribution of Funds...more

Akin Gump Strauss Hauer & Feld LLP

Reminder to Managers of New Fund Marketing Rules in the EU

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1. Overview The new rules on the promotion of funds introduced by the new Cross-Border Distribution of Collective Investment Undertakings Directive and Regulation (Cross-Border Distribution of Funds (CBDF) Rules) are due to...more

Latham & Watkins LLP

COVID-19: Deutschland plant erhebliche Ausweitung der Investitionskontrolle

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Die Änderungen der Außenwirtschaftsverordnung erweitern die Anmeldepflichten im Gesundheitssektor und stellen die Kriterien zur Überprüfung von Auslandsinvestitionen klar. Zusammenfassung: ..Beteiligungen von mindestens...more

Akin Gump Strauss Hauer & Feld LLP

Germany’s Foreign Direct Investment Regime: Further Changes Ahead

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On November 29, 2018, the German Minister for Economic Affairs, Peter Altmaier, presented its “National Industry Strategy 2030.” Amongst other things, the strategy paper sets out the key points of the Minister’s plans to...more

Akin Gump Strauss Hauer & Feld LLP

Recent ECT Claims - Impact for Energy Investors and Governments

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The last few weeks have seen a raft of new investor-state arbitrations under the Energy Charter Treaty (ECT), including the first known investor-state claim against the European Union (EU) itself. These claims largely arise...more

A&O Shearman

European Securities and Markets Authority Publishes Guidelines on Prospectus Regulation Risk Factors

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The European Securities and Markets Authority has published Guidelines on risk factors under the EU Prospectus Regulation that will provide guidance to Member State national regulators when reviewing prospectuses. The...more

Jones Day

Jones Day Talks: EU's New Foreign Direct Investment Regulations Eye Specific Sectors

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In step with a global trend, the European Union has enacted a framework, effective October 11, 2020, for screening foreign direct investment into EU states. Jones Day's Renato Antonini, Eva Monard, and Chase Kaniecki discuss...more

Jones Day

Screening of Foreign Direct Investments in the EU Under the New FDI Regulation

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On 21 March 2019, Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union ("FDI Regulation") was...more

Latham & Watkins LLP

We’ve Got You Covered: New European Covered Bond Framework

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The new framework should simplify the path for issuers seeking to market European covered bonds to investors in the US. Key Points: ..The new framework will create minimum product and technical standards for covered...more

White & Case LLP

Update: New EU Foreign Direct Investment Regulation goes live

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The European Council ("Council") greenlighted the regulation on the screening of foreign direct investments into the EU ("Regulation") at the beginning of March. Following its publication in the Official Journal on 21 March...more

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