foreign direct investment info corner

As of 11 October 2020 the EU FDI Screening Regulation is in force, ending the long wait for a Union framework to screen foreign direct investments. The umbrella spanned by the EU FDI Regulation is a further (crucial) building block in the EU's endeavours to tighten and coordinate the screening of foreign direct investments.

Please see here for more information.

A (mandatory) filing requirement is triggered if a foreign investor intends to carry out an investment (directly/indirectly) in an Austrian undertaking.

This includes (i) the acquisition of shares reaching/exceeding 10 %, 25 % and 50 % (voting rights), (ii) the acquisition of control, and (iii) the acquisition of essential/all assets of an undertaking (asset deals), provided that (a) the undertaking is active in a critical sector, and (b) the undertaking is Austrian, i.e. has its seat or its central administration in Austria (local nexus).

Please see here for more information.

Although there is no FDI filing requirement in Croatia, the Implementing Regulation has established the National Contact Point and the Interdepartmental Commission, which will act as the competent authorities for a coordination mechanism under the EU FDI Screening Regulation.

Please see here for more information.

Poland has enacted two separate sets of rules related to different investors, with other companies/sectors protected, different competent authorities, separate procedural rules and fines.

Please see here for more information.

An information letter must be provided to the National Defence Council (via the Romanian Competition Council) if (i) the economic concentration (which involves a change of control) occurs in one of the relevant sectors, and (ii) the turnover thresholds required for a merger control filing (i.e. aggregate worldwide turnover of EUR 10m and Romanian turnover of EUR 4m for the involved parties) are not fulfilled.

Please see here for more information.

The Romanian Competition Council has published a draft law aimed to tighten the FDI screening (please see here for more information); public consultation is still ongoing at this date.

A (mandatory) filing requirement is triggered if a foreign investor intends to carry out or has carried out a foreign direct investment (i.e. merger or acquisition of an undertaking, investment in tangible and intangible assets, acquisition of the right to dispose of land and real estate essential to critical infrastructure / located near such infrastructure), which aims to establish or to maintain lasting and direct links between the foreign investor and an undertaking active in a sector affecting the security and public order of Slovenia and is seated in Slovenia, and the investment concerns at least 10 % of the capital or the voting rights.

Please see here for more information.