EU law

Recent EU-level case law related to national-level foreign direct investment screening

fdi

Since the end of the 2010s foreign direct investment considerations have been on the forefront of transaction planning and management. Although a unified EU-level screening mechanism is not in place, recently the European Commission closed a landmark case, while another one is currently ongoing before the European Court of Justice where the interplay of EU law and more specifically, EU merger law and national FDI rules were/are assessed. This summary therefore provides a quick glance-through of the key notables taken from these cases.

Gambling law’s repeated contribution to the justification framework: An even higher bar set for restrictive national measures?

Gambling is a regulatory area where Member States, due to their moral and cultural differences, enjoy a wide margin of discretion when choosing their objectives and thus market structure, however such freedom is not without boundaries: restrictive measures, such as state monopolies, must nevertheless satisfy the requirements best summarised by the landmark decision of Gebhard.