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

Abstract

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

Emch, Adrian, News from Luxembourg - Is the New EU Investment Law Taking Shape? (January, 19 2009). Journal of World Investment and Trade, Vol. 9, No. 6, December 2008, Available at SSRN: https://ssrn.com/abstract=1329877

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