The European Commission recently issued COVID-19-related guidance, ahead of the entry into force of the new EU FDI screening mechanism in October 2020. Several member states have been tightening their national FDI regimes as...more
The new guidance encourages EU Member States to make full use of existing, and adopt new, investment screening mechanisms. Investments in the health care sector and related industries are likely to face increased scrutiny and...more
The Situation: The French government issued on December 31, 2019, new rules substantially revising the French Foreign Direct Investments ("FDI") regulation. These new provisions mostly implement the recent PACTE law and the...more
2/10/2020
/ Acquisitions ,
Critical Infrastructure Sectors ,
Dual Use Goods ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
France ,
Ministry of Economy ,
National Security ,
New Regulations ,
New Rules ,
PACTE Act ,
Screening Procedures
The Situation: The Fair Debt Collection Practices Act ("FDCPA") allows plaintiffs to sue over abusive debt-collection practices within one year of "the date on which the violation occurs." 15 U.S.C. § 1692k(d). The U.S. Court...more
12/18/2019
/ Cause of Action Accrual ,
Credit Cards ,
Debt Collectors ,
Default Judgment ,
Discovery Rule ,
Equitable Relief ,
Equitable Tolling ,
FDCPA ,
Fraud ,
Limitation Periods ,
Rotkiske v. Klemm ,
SCOTUS ,
Service of Process ,
Statute of Limitations
Over the past few years, Germany has strengthened the AWV regime. In parallel, the relevance of Germany's foreign direct investment control investigations for M&A transactions involving non-EU investors has grown. Even...more
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
The Situation: In the context of strengthening the control of foreign investments, particularly at the European level, the French Parliament intends to deepen control procedures and broaden the scope of authorization of...more
12/20/2018
/ Acquisitions ,
Cross-Border ,
EU ,
Foreign Direct Investment ,
Foreign Investment ,
France ,
Infrastructure ,
Member State ,
Merger Controls ,
Mergers ,
National Security ,
Proposed Legislation
The Public Procurement Code integrates procurement and concession contract rules into a single code.
The French Government has enacted Ordinance 2018-1074, dated November 26, 2018, and Decree 2018-1075, dated December 3,...more
The Ruling: The Conseil d'État (France's Administrative Supreme Court) has ruled that the public service obligation to supply natural gas at regulated tariffs in France contravened EU law. In particular, it affirmed that no...more
10/13/2017
/ Court of Justice of the European Union (CJEU) ,
Energy Costs ,
Energy Sector ,
EU ,
European Commission ,
France ,
Member State ,
Natural Gas ,
Small Business ,
Supply Contracts ,
Tariffs ,
Territorial Disputes