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foreign direct investment info corner

This info corner provides an up-to-date overview of the currently existing FDI regimes in the CEE, covering the following aspects: Filing requirements, process and timetable, legal basis and related Schoenherr publications. Following the trend to tighten and set up FDI screening mechanisms, it will also keep pace with ongoing developments in jurisdictions where new rules are in the pipeline and therefore be continuously updated.

We have prepared a booklet that provides an up-to-date overview of the currently existing FDI regimes in CEE. Following the trend to tighten / set up FDI screening mechanisms, it will also keep pace with ongoing developments in jurisdictions where new rules are in the pipeline and therefore be continuously updated.
Click on each country to expand further information.

FDI booklet


 

Schoenherr publications on FDI

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newsletter

Bulgaria closes the gap: new FDI screening regime enters into force

As reported, last month the Bulgarian parliament adopted the final text of a bill to amend the Investment Promotion Act, implementing the screening mechanism outlined in Regulation (EU) 2019/452 (the "EU FDI Screening Regulation") (see here for our previous Legal Insight).

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newsletter

Bulgarian Parliament adopts FDI screening regime

Note: The following is based on the final text of the bill on the amendment of the Investment Promotion Act as at the publication date and is subject to amendment pending the finalisation of the act.

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roadmap

Financing transactions and FDI in Slovakia: could foreign creditors be caught?

Regulations on Foreign Direct Investment (FDI) are becoming increasingly influential, especially in M&A transactions. It is essential to consider how these regulations will affect foreign creditors, particularly those from non-EU countries. The Slovak FDI Act will have numerous implications for financing and security arrangements.

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newsletter

15 January 2024

romania

G.Bădescu

Competition outlook: will 2024 be a game-changing year for antitrust and foreign investment control in Romania?

As Carl Sagan aptly stated, "You have to know the past to understand the present." Furthermore, I would argue that knowing the past is also essential for trying to project the future. The historical landscape of antitrust and foreign direct investment ("FDI") control in Romania is, as some of you may expect, complex and, to a certain extent, even frustrating.

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newsletter

FSR's notification system in effect since 12 October 2023

Today marks a turning point for the EU's anti-subsidy regime. The Foreign Subsidies Regulation (FSR) will now become fully operational. As of 12 October 2023, the European Commission (EC) can review deals and tenders under the FSR’s M&A and public procurement tools. Businesses are now also able and, where applicable, required to submit notifications on transactions and tenders in public procurement procedures. In this edition of our series, we explain why today is so significant. 

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newsletter

The FSR general tool

On 12 July 2023 the general or ex officio tool of the FSR became applicable. The tool empowers the European Commission (EC) to investigate cases where foreign subsidies are suspected of having a distortive effect on the EU's internal market, even if they do not fall within the scope of the other two FSR tools (M&A tool and public procurement tool). This gives the EC a powerful instrument to tackle market distortions from subsidies granted by third countries.

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newsletter

17 August 2023

bulgaria

I.Stoyanov

Bulgaria soon to adopt an FDI screening regime

Bulgaria is among a minority of EU countries that have not yet adopted a foreign direct investment (FDI) screening regime. This is about to change with the introduction in late June of a bill on the amendment of the Investment Promotion Act, implementing the screening mechanism under Regulation (EU) 2019/452.

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newsletter

Navigating the foreign direct investment landscape: key changes and implications of the new Slovenian regime

Effective from 1 July 2023, a new foreign direct investment ("FDI") regime will come into effect in Slovenia, bringing significant changes to the scope and procedures surrounding FDI notifications.

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newsletter

Hot off the press: Romanian FDI regime formally extended to EU investors

The Romanian FDI regime has formally shifted to a stricter approach, with EU (including Romanian) investors now being specifically covered. We refer to Law No. 164/2023 (the "FDI Law") aimed at implementing and amending Emergency Government Ordinance No. 46/2022 ("EGO 46"), which was published in the Official Gazette of Romania on 7 June 2023.

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newsletter

First Annual Report on Czech FDI screening – main takeaways

The Czech foreign direct investment screening regime entered into force on 1 May 2021. The Ministry of Industry and Trade ("MIT"), which is responsible for the screenings, has now published its first annual report. The report takes stock of the first year of enforcement. Below we discuss the enforcement trends that have emerged from the report.

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publication

01 July 2022

austria

V.Weiss

Handbuch Investitionskontrolle

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newsletter

Romania: EU investments now also covered by FDI regime

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newsletter

Romania: New FDI regime is finally here - what should investors expect?

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newsletter

30 November 2021

moldova

V.Iurkovski

Moldova: Control of investments legislation entered into force

Through its 11 November 2021 law ("Law 174/2021"), the Moldovan Parliament approved the rules on control of investments into sectors important for the security of the state. Law 174/2021 applies equally to local and foreign investors and entered into force on 19 November 2021.

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newsletter

21 February 2021

slovakia

M.Lučivjanský

New investment screening mechanism in Slovakia

On 1 February 2021, the Slovak Ministry of Economy submitted an investment screening proposal to the government. This proposal was approved by the National Council (with amendments) on 5 February 2021 and is scheduled to enter in force on 1 March 2021.

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newsletter

04 February 2021

czech republic

New FDI rules come into force in the Czech Republic on 1 May 2021

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newsletter

Romania: FDI rules soon to be tightened

At the end of December 2020, the Romanian Competition Council (the "RCC") published an updated iteration of the draft Emergency Government Ordinance implementing the FDI Regulation (the "FDI Draft Law").

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newsletter

Has Croatia implemented FDI screening mechanism?

On 2 October 2020 the Regulation on the Implementation of the EU Foreign Direct Investment (FDI) Screening Regulation (2019/452) (OJ L 79I, 21 March 2019) (the Implementing Regulation) entered into force.

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newsletter

12 October 2020

austria

V.Weiss

EU FDI Screening Regulation enters into force

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.

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newsletter

New FDI rules come into force in Poland

New legislation that affects investments in Polish entities by investors from outside the EEA and OECD will enter into force on 24 July 2020.

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newsletter

Austrian Parliament adopts new FDI screening act

On 15 July 2020 the Austrian Parliament adopted a new FDI screening act (Investitionskontrollgesetz, "ICA"), following the trend to tighten the regulatory framework for foreign investment screening (read more here: Austrian government proposes new FDI screening act).

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newsletter

03 June 2020

austria

V.Weiss

Austrian government proposes new FDI screening act

On 27th May 2020 the Austrian government submitted a proposal for a new foreign investment screening act (Investitionskontrollgesetz) to the Parliament (the "Proposal").

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newsletter

CEE ramps up screening of foreign direct investments (FDI)

FDI screening was for a long time a blank spot on the regulatory landscape for most countries in Central Eastern Europe (CEE). Unlike Western European Member States, so far relatively few countries in Central Eastern Europe (Austria, Poland, Hungary, Romania) had instruments that allowed vetting foreign investments; albeit often with little practical relevance.

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newsletter

02 June 2020

slovenia

V.Weiss

Slovenia introduces foreign investments screening rules

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newsletter

14 May 2020

austria

S.Schulz

Transactions under political scrutiny – A new FDI regime in Austria

Following the adoption of the new EU framework for screening of foreign direct investments (see Schoenherr Newsletter 13.03.2019), the Austrian government recently published a draft bill to amend the current rules on foreign direct investments (FDI) into Austria.

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roadmap

FDI in Europe – what to expect?

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If you have any questions regarding FDI, feel free to contact us:

Austria

Volker
Weiss

Office Managing Partner

belgium / EU

Evelin
Hlina

Counsel

austria vienna

Bulgaria

Croatia

Ana
Mihaljević*

Attorney at Law in cooperation with Schoenherr

croatia

Czech Republic

Jan
Kupčík

Attorney at Law

czech republic

Hungary

Adrián
Menczelesz

Attorney at Law

hungary

Moldova

Vladimir
Iurkovski

Office Managing Partner

moldova

Poland

Paweł
Kułak

Senior Attorney at Law

poland

Romania

Georgiana
Bădescu

Partner

romania

Cristiana
Manea

Managing Attorney at Law

romania

Slovakia

Michal
Lučivjanský

Partner

slovakia

Slovenia

Matej
Črnilec

Partner in cooperation with Schoenherr

slovenia