News from Luxembourg - Is the New EU Investment Law Taking Shape?
Journal of World Investment and Trade, Vol. 9, No. 6, December 2008
22 Pages Posted: 19 Jan 2009
Date Written: January, 19 2009
This article comments on five judgments of the European Court of Justice, adopted in 2007 and 2008, which concern barriers to capital movements between EU Member States and to/from third countries. Four judgments are so-called golden share cases - the Volkswagen and Federconsumatori judgments, and two judgments relating to Spain's energy regime. The fifth case - Skatteverket v A - deals with international taxation.
The articles argues that the five judgments taken together may give a glimpse of what the future EU investment law could look like: Measures seen as restrictive of intra-EU investment may continue to face tough scrutiny by the EU courts, while measures restricting non-EU investment may be treated more leniently.
Suggested Citation: Suggested Citation