This chapter examines the relationship between privatizations of State-owned companies and neutrality of the EU Treaties towards national provisions governing property ownership, according to Article 345 TFEU (ex Article 295 TEC—ex Article 222 TEEC). It analyses the interpretation of Article 345 TFEU given by the CJEU in the context of golden shares cases. The analysis focuses on privatizations, the outer limits of Article 345 TFEU on property ownership and the delimitation of the scope of EU fundamental freedoms (freedom of establishment and free movement of capital). The different interpretation of Article 345 TFEU by Advocate General Ruiz-Jarabo Colomer shall also be considered. Additionally, the impact of Essent judgement on the interpretation of privatization prohibitions and Article 345 TFEU is examined. Special emphasis is also given on investment screening of privatizations in the light of EU fundamental freedoms. After questioning the neutrality of EU law towards privatizations in the context of bailout agreements of over-indebted Member States of the Eurozone, Article 345 TFEU and the limits of internal market law are scrutinized in the framework of such privatizations. This chapter discusses some developments in the privatization programmes of Cyprus and Greece, two over-indebted EU Member States, which followed Economic Adjustment Programmes. It explores legislative and judicial developments affecting privatizations of Cyprus and Greece in the light of the CJEU’s approach regarding Article 345 TFEU, fundamental freedoms and privatizations. At the end, a few concluding remarks are deduced.

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Privatizations, Golden Shares, Investment Screening and Bailout Agreements in the Context of Article 345 TFEU: The Limits of Internal Market Law

  • Thomas Papadopoulos

摘要

This chapter examines the relationship between privatizations of State-owned companies and neutrality of the EU Treaties towards national provisions governing property ownership, according to Article 345 TFEU (ex Article 295 TEC—ex Article 222 TEEC). It analyses the interpretation of Article 345 TFEU given by the CJEU in the context of golden shares cases. The analysis focuses on privatizations, the outer limits of Article 345 TFEU on property ownership and the delimitation of the scope of EU fundamental freedoms (freedom of establishment and free movement of capital). The different interpretation of Article 345 TFEU by Advocate General Ruiz-Jarabo Colomer shall also be considered. Additionally, the impact of Essent judgement on the interpretation of privatization prohibitions and Article 345 TFEU is examined. Special emphasis is also given on investment screening of privatizations in the light of EU fundamental freedoms. After questioning the neutrality of EU law towards privatizations in the context of bailout agreements of over-indebted Member States of the Eurozone, Article 345 TFEU and the limits of internal market law are scrutinized in the framework of such privatizations. This chapter discusses some developments in the privatization programmes of Cyprus and Greece, two over-indebted EU Member States, which followed Economic Adjustment Programmes. It explores legislative and judicial developments affecting privatizations of Cyprus and Greece in the light of the CJEU’s approach regarding Article 345 TFEU, fundamental freedoms and privatizations. At the end, a few concluding remarks are deduced.