The EU Court of Justice AG Ćapeta opines that EU law does not preclude national legislation which allows for the screening of foreign direct investment of third country provenance even if implemented via an EU-based company (Xella Magyarország)

Advocate General’s Opinion in Case C-106/22 | Xella Magyarország* Advocate General Ćapeta: EU law does not, in principle, preclude national legislation which allows for the screening of foreign direct investment of third country provenance even if implemented via an EU-based company Such national legislation falls within the scope of the FDI Screening Regulation (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 (OJ 2019 L 79I, p. 1).) and thus must ensure that individual screening decisions are justified

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European Court of Justice, The EU Court of Justice AG Ćapeta opines that EU law does not preclude national legislation which allows for the screening of foreign direct investment of third country provenance even if implemented via an EU-based company (Xella Magyarország), 30 March 2023, e-Competitions March 2023, Art. N° 111888

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