Nicolas Brice is a partner at Jones Day based in its Paris office. He has substantial experience in the area of public law, government contracts, project and infrastructure contracts, regulatory law, and administrative litigation. He also has extensive experience in the proceedings and execution of PPPs, concessions, public procurements, public land and properties, and all complex contractual arrangements related to public utilities and infrastructure (roads, railways, airports, ports, stadiums, museums, universities, etc.). His clients include private companies, banks, and administrative and regulatory agencies. In addition, Nicolas Brice advises clients on European and French regulatory law such as foreign investments, export controls, privatizations, and sector-specific regulations (energy, transportation, electronic communications, air and space, etc.). Nicolas also represents clients before administrative courts, both in contractual and extra-contractual litigation, involving the responsibility of administrative agencies. Before joining Jones Day in 2004, Nicolas Brice worked for a British Paris-based law firm (2000-2004) and for a French law firm (2000).
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The Development: The Screening of Third Country Transactions Act 2023 (the "STCT Act") was signed into law on October 31, 2023, introducing a new investment screening regime in the Republic of Ireland ("Ireland") with a mandatory filing system and a broad call-in power. The Result: (...)
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In Short The Situation: On July 13, 2023, the European Court of Justice ("ECJ") issued a judgment (Case C-106/22 - Xella) clarifying the conditions under which EU Member States may screen and block foreign direct investments. The Background: Over the past few years, EU Member States have (...)
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In Short The Development: The new Belgian foreign direct investment screening law ("FDI Regime") imposes preclosing filing requirements on non-EU investments into various industry sectors in Belgium, including energy, electronic communication, tech, and defense. The Background: Belgium (...)
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In Short The Background: Luxembourg has introduced a new foreign direct investment regime with a suspensory mandatory notification requirement in relation to investments in a broad range of sectors. The Result: Investors from outside the European Economic Area ("EEA") will be required to (...)
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In Short The Development: On 1 June 2023, the Security Screening of Investment, Mergers and Acquisitions Act (Wet Veiligheidstoets investeringen, fusies en overnames) ("the FDI Act") entered into force, introducing a mandatory notification requirement relating to investments in target (...)
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In Short The Situation: The European Commission ("EC") issued its first decision ("Decision") regarding the intersection of EU merger control rules and the recent growth in national Foreign Direct Investment ("FDI") regimes. The EC found that the Hungarian government’s decision to block a (...)
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The 17th amendment to the German Foreign Trade and Payment Ordinance ("AWV") adopted by the federal government on April 27, 2021, included—compared to the original draft—a number of changes relevant to M&A transactions with a nexus to Germany. A draft 17th amendment to the AWV was (...)
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On May 20, 2020, the German Federal government adopted the 15th amendment to the Foreign Trade and Payments Ordinance (AWV). The changes to the AWV will be effective shortly, after publication in the Federal Gazette. Prompted by the COVID-19 pandemic, the amendment expands the scope of (...)
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In Short 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 new EU FDI regulation which set up an EU screening (...)
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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 published in the Official Journal of the European Union. The FDI Regulation (...)
