Frank S Benyon Commercial Law Books: EU Law sku-14256639

Frank S Benyon Commercial Law Books, sku-14256639. Modern Studies in European Law: Direct Investment, National Champions and Eu Treaty Freedoms: From Maastricht to Lisbon is a hardcover book about the legal treatment of direct investment in the EU. EU rules on trade in goods and, more recently, services are more clearly developed than those on cross-border direct investment.

Investment may fall under freedom of establishment (Art.49 TFEU, 43EC), free movement of capital (Art.63 TFEU, 56EC) and, sometimes, freedom to provide services (Art.56 TFEU, 49EC). Free movement of capital was the last fundamental freedom to gain direct effect.

The book considers the investment potential of Sovereign Wealth Funds and the European Court of Justice's more recent development of the capital and establishment freedoms. It asks how broadly those freedoms apply, how they relate to each other and how to balance investors' market access with Member States' power to regulate in the public interest.

It also examines selective State measures intended to protect strategic or alleged public interests or foster national champions. Under settled case law, a measure that makes exercising a freedom "less attractive" can infringe free movement rules. This raises the possibility of reviewing non-harmonized mandatory national rules, including company laws.

The book discusses whether capital and establishment freedoms can have horizontal effect, an issue raised by the Viking case, and whether private arrangements that impede or discourage investors from other Member States could face scrutiny. It addresses third country investors, who may benefit from free movement of capital without benefiting from establishment or services freedoms.

Other topics include cross-border business relocation, takeovers, mergers, the roles of markets and States, and the respective competences of the EU and Member States. The discussion places EU direct investment in an international context and covers Treaty of Lisbon changes, including foreign direct investment's inclusion in the Community's common commercial policy.