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Legal Briefing
Lisbon Treaty update: increased role for the EU in foreign direct investment
Practice Area: Cross-border: Commercial and International Trade
Sector: Business services
Jurisdiction: European Union
Published: 12 July 2010
Law Firm: Herbert Smith
Overview
Investors have for some time awaited clarification from the European Commission as regards future investment protection into and out of Europe. The transfer of competence for Foreign Direct Investment (FDI) to the EU as a result of the Lisbon Treaty raised many pressing questions.
These concern investors whose investments are currently or could potentially be protected by one of the 1200 bilateral investment treaties (BITs) concluded by Member States. Many of these questions have now been answered in the policy paper ‘Towards a comprehensive European international investment policy’ and the proposal for a new Regulation, both published on 7 July 2010.
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