LEADER 05606nam 22006731 450 001 9910791874703321 005 20101123084719.0 010 $a1-4725-6518-5 010 $a1-282-98455-1 010 $a9786612984556 010 $a1-84731-598-4 024 7 $a10.5040/9781472565181 035 $a(CKB)2560000000060168 035 $a(EBL)655571 035 $a(OCoLC)703137768 035 $a(SSID)ssj0000483891 035 $a(PQKBManifestationID)12162189 035 $a(PQKBTitleCode)TC0000483891 035 $a(PQKBWorkID)10573623 035 $a(PQKB)11480644 035 $a(MiAaPQ)EBC1772478 035 $a(MiAaPQ)EBC655571 035 $a(Au-PeEL)EBL1772478 035 $a(CaPaEBR)ebr10447259 035 $a(CaONFJC)MIL298455 035 $a(UtOrBLW)bpp09256446 035 $a(Au-PeEL)EBL655571 035 $a(EXLCZ)992560000000060168 100 $a20140929d2010 uy 0 101 0 $aeng 135 $aur|n|---||||| 181 $ctxt 182 $cc 183 $acr 200 10$aDirect investment, national champions and EU treaty freedoms $efrom Maastricht to Lisbon /$fFrank S. Benyon 205 $a1st ed. 210 1$aOxford ;$aPortland, Oregon :$cHart Publishing,$d2010. 215 $a1 online resource (166 p.) 225 1 $aModern studies in European law ;$v24 300 $aDescription based upon print version of record. 311 $a1-84946-108-2 320 $aIncludes bibliographical references and index. 327 $aIntroduction -- The free movement of capital -- Freedomof establishment -- Justifications of restrictions to the treaty freedoms : for national champions? ; for network industries? ; for others? -- Direct cross-border investment and merger control -- Cross- border movements by companies -- Company law, cross-border mergers and takeovers -- Direct investments from third countries -- Sovereign wealth funds -- Bilateral investment treaties -- The end : but another beginning. 330 $a"Within the EU, the legal dimension of trade in goods and, more recently, of trade in services have gained clear contours. This is less true for cross-border direct investments. Within the system of the fundamental freedoms, cross-border direct investments may fall within the scope of the freedom of establishment (Art 49 TFEU, 43EC), the free movement of capital (Art 63 TFEU, 56EC) and sometimes the freedom to provide services (Art 56 TFEU, 49EC). The free movement of capital has been the last fundamental freedom to be endowed with direct effect. The investment potential of Sovereign Wealth Funds makes this a very topical subject. The ECJ has started to develop the full potential of the free movement of capital and the freedom of establishment only recently. This has raised a number of important new questions, including how the two freedoms relate to each other, and how to balance the individuals' rights to market access with the Member States' competence to regulate in the public interest. In particular, the use of state measures to protect strategic or alleged public interests selectively, or to foster national champions, will be considered. Under settled case law, it suffices that a measure renders the exercise of the freedom 'less attractive' to find an infringement of the free movement rules. Potentially this opens the door for a broad review of the appropriateness of all non-harmonised mandatory rules contained in general national laws. There is also a general question of when free movement of capital and freedom of establishment may have horizontal effect, a matter raised by the Viking case. Horizontal application of the fundamental freedoms could lead to the exercise of control over private arrangements in many areas, including company law if they have a tendency to impede, or dissuade, market access by investors from other Member States. The particular situation of third country investors also has to be considered, insofar as they may benefit from the free movement of capital but not from the establishment and services freedoms. Recent developments in EU company law are discussed, notably those concerning simple cross-border relocation of businesses as well as those regulating take-over and mergers. Overall the book analyses the role of the market and the role of the state with regard to direct investment, delineates the competences of the EU and the Member States in this field and places the debate in the larger context of international direct investment. Focussing on recent developments, cases and debates, the book also looks at the changes made to the applicable rules by the Treaty of Lisbon, including the inclusion of foreign direct investment into the Community's trade policy, thus providing an overview of this cutting-edge issue and a reflection on the rationales that should guide the evolution of this field of law."--Bloomsbury Publishing. 410 0$aModern studies in European law ;$vv. 24. 517 3 $aDirect investment, national champions and European Union treaty freedoms 606 $aCapital movements$xLaw and legislation$zEuropean Union countries 606 $aInvestments, Foreign$xLaw and legislation$zEuropean Union countries 606 $2Financial law 615 0$aCapital movements$xLaw and legislation 615 0$aInvestments, Foreign$xLaw and legislation 676 $a343.2403 700 $aBenyon$b Frank S.$0522792 801 0$bUtOrBLW 801 1$bUtOrBLW 906 $aBOOK 912 $a9910791874703321 996 $aDirect investment, national champions and EU treaty freedoms$93697232 997 $aUNINA