Ref. Ares(2021)3902058 - 15/06/2021
Investor Workshop
Investment Protection in the EU
17 December 2018
European Commission
Albert Borschette Congress Center (room 1D)
Rue Froissart 36
1040 Brussels
Belgium
Banking and
#CMU | #InvestEU
Finance
13:30 - 14:00
Registration of participants
Welcome and keynote speech
14:00 - 14:15
by Mr. John Berrigan, Deputy Director General,
DG FISMA, European Commission
14:15 - 14:25
Presentation of the Communication from the
Commission on protection of intra-EU investment
(Part 1) by Mr. Thomas Wiedmann, DG FISMA
Panel Discussion 1
14:25 - 15:40
How does EU law protect investments through-
out their life-cycle? How does EU law balance
investors’ rights and Member States’ regulation
in the public interest?
Chair: Mr. Mario Nava, Director DG FISMA
Investment and Company reporting
Speakers: Ms. Luisa Santos, International Relations
Director, BusinessEurope
Mr. Vincent Ingham, Director for
Regulatory Policy, European Fund and
Asset Management Association (EFAMA)
Prof. Jan Kleinheisterkamp, Professor of
Law, Law Department, London School of
Economics
Prof. Philippe-Emmanuel Partsch,
Professor of EU Banking and Financial
Law, University of Liège, Partner at Arendt
& Medernach SA
Questions and Answers
15:40 - 16:00
Coffee break
16:00 - 16:20
Presentation of the Communication from the
Commission on protection of intra-EU investment
(Part 2) by Mr. Jože Štrus, DG Justice and
Mr. Luigi Malferrari, Legal Service
Panel Discussion 2
16:20 - 17:20
How can investors enforce their rights under EU
law? What are the effective justice standards
and judicial remedies at EU and Member States’
level to enforce investors’ rights? What are the
available out-of-court prevention and dispute
resolution mechanisms?
Chair: Ms. Anne-Françoise Mélot, Head of Unit,
DG FISMA Free Movement of Capital and
application of EU law
Speakers: Mr. Dominique Hascher, Secretary
General of the Network of the Presidents
of the Supreme Judicial Courts of the
European Union, Judge at Cour de
Cassation, France
Mr. Diego Sabatino, State Councillor,
Italian Council of State, Association
of the Councils of State and Supreme
Administrative Jurisdictions (ACA-Europe)
Ms. Marlen Estéves Sanz, Partner at Roca
Junyent, delegate before the Council of
Bars and Law Societies of Europe (CCBE)
Ms. Patricia Stöbener de Mora,
Director EU Law and International
Economic Law, Deutscher Industrie- und
Handelskammertag (DIHK e.V.)
Questions and Answers
Concluding remarks
17:20 - 17:30
Mr. Mario Nava, Director DG FISMA
Investment and Company reporting
Speakers’ profiles
Anne-Françoise Mélot is Head of the Unit “Free Movement of Capital and
application of EU law” in the Directorate General for Financial Stability, Financial
Services and Capital Markets Union (DG FISMA) of the European Commission.
Previously Anne-Françoise had worked in DG FISMA in the audit policy unit, in the
financial reporting unit and in the corporate governance and social responsibility
unit, where she was responsible for the revision of the anti-money laundering
directive. She also worked in the Directorate General for Economic and Financial
Affairs, in the unit in charge of the relationship with the European Investment Bank
and the European Investment Fund. Before joining the European Commission in
2001, she had been manager in the Luxembourg audit and assurance practice
of KPMG. She specialised in the audit of financial institutions and insurance and
reinsurance companies. In 2000, she qualified as a certified public accountant
(Réviseur d’Entreprises). She holds a degree in Engineering and Business
Administration from Hautes Etudes Commerciales (HEC) Liège, Belgium and
University of Trier, Germany. She also holds a degree in General and International
Management from University of Alabama, USA.
Diego Sabatino is since 2009 judge in the Council of State, Italian supreme
administrative court. He has served in the judiciary first as public prosecutor, then
as civil judge (in corporate and bankruptcy field) and finally as administrative judge.
He worked at several central administrations, within the staff of the respective
ministers (minister of the environment, then of the public administration, then of
the economy and of the finances and finally of the defense).
Dominique Hascher is a judge of the Supreme Judicial Court of France and is
the Secretary General of the Network of the Presidents of the Supreme Judicial
Courts of the European Union. He joined the French judiciary in 1982 and acted
as General Counsel and Deputy-Secretary General of the International Court of
Arbitration of the International Chamber of Commerce from 1990 to 1998. He has
been nominated to several ICSID ad hoc Committees. Dominique Hascher earned a
Licence en droit (LL.B.) from the Panthéon-Assas University (Paris II) in 1977, and
studied international law at Harvard University as a Fulbright Scholar where he
received an LL.M. degree in 1983. He was elected Honorary Bencher of Gray’s Inn
(London) in 2004 and a Member of the American Law institute in 2007.
Jan Kleinheisterkamp is an Associate Professor at the Law Department of
the London School of Economics, where his research and teaching focuses on
international contracts and arbitration, as well as investment treaty law and its
relation to EU law. Prior to joining LSE, Jan was an assistant professor at the HEC
School of Management, Paris, and a research fellow at the Max-Planck-Institute for
Comparative and Private International Law in Hamburg. He authored two studies
for the European Parliament on the interaction between EU law and international
investment treaties and acts both as an expert and as arbitrator in international
commercial arbitrations.
John Berrigan is currently the Deputy Director General in DG FISMA (Directorate-
General for Financial Stability, Financial Services and Capital Markets Union) of
the European Commission. DG FISMA is responsible for EU-level legislation for
the financial sector; in this context, John represents the EU Commission on the
Economic and Financial Committee, the Financial Services Committee and the Single
Resolution Board. John has been a Commission official since the mid-1980s and
has spent much of this time working on financial-sector issues - first in DG ECFIN,
where he contributed to financial-sector aspects of the assistance programmes
for other Member States, and now in DG FISMA. Earlier on, he also worked on
monetary policy and exchange-rate analysis in the context of preparations for the
introduction of the euro in 1999. In the mid-1990s, he worked for several years
with the International Monetary Fund. John has a master degree in economics
from University College Dublin. He is married with two children.
Jože Štrus received his LLM from Harvard Law School, United States. He works for
the European Commission’s Directorate-General for Justice and Consumers, where
he has been previously mainstreaming the EU Charter of Fundamental Rights
into EU legislative proposals and is now assessing the independence, quality and
efficiency of national justice systems (in the unit Justice policy and rule of law).
Together with colleagues he works on producing the annual EU Justice Scoreboard,
particularly the chapter on judicial independence.
Luigi Malferrari is a member of the Legal Service of the European Commission,
working mostly in the fields of internal market (free movement of services and
capital) and antitrust. Luigi obtained his law degree (laurea) at the University of
Bologna, an LL.M. from Harvard Law School and a doctorate from the University of
Heidelberg (Max-Planck-Institute for international law). Luigi was admitted to the
Italian bar and practiced law at the international law firm Lovells from 2001 to
2003. Luigi’s previous experience includes several years as a clerk (“référendaire”)
at the EU Court of Justice and 2 years as legal officer at Directorate-General for
Internal Market of the European Commission. Luigi lectures at the Robert Schuman
University in Strasbourg and at the Europa-Institut in Saarbrücken; he is a member
of the advisory board of the European Journal of Business Law (EuZW) published
by Nomos Verlag in Frankfurt.
Luisa Santos is Director for International Relations at BusinessEurope and Chair of
BusinessEurope’s Brexit Task Force. She was a member of the TTIP Advisory Group
and is now a member of the Expert Group on EU trade agreements. Her principal
experience is in the textiles sector, having acted first as the chief representative for
the Portuguese textile industry in Brussels, later as Trade and Industry Manager for
Euratex- European Apparel and Textile Confederation. She was also the manager
responsible for international partnerships – including a joint venture in India – for
a leading Portuguese textiles company. Her academic background is in law and
management.
Mario Nava is Director for Investment and Company Reporting, Directorate General
for Financial Stability, Financial Services and Capital Markets Union, European
Commission. Mario Nava (born Milan, 1966) holds an undergraduate degree in
Economics from Bocconi University (1989), an MA from the Université Catholique
de Louvain, Belgium (1992) and a PhD in Public Finance from the London School
of Economics (1996). Mario joined the European Commission in 1994 and held
various senior positions. Since October 2018, he is the Director for “investment
and Company reporting” in the Financial Stability, Financial Services and Capital
Markets Union Directorate General. Prior to that, from 2016 to April 2018, he was
Director of the “Financial system surveillance and crisis management” Directorate
and, from 2011 to 2016, Director of the “Regulation and prudential supervision
of financial institutions”. Previously, he was Head of the “Banking and Financial
Conglomerates” Unit, of the Financial Markets Infrastructure Unit, a member of
the Group of Policy Advisers of the EU Commission President, Prof. Romano Prodi,
and a member of the Cabinet of the Competition Commissioner, Prof. Mario Monti.
Alongside his current work, he is active in research and teaching. He is currently
Visiting Professor at Bocconi University (Milan) and at Solvay Business School
(Brussels) and has been teaching in several universities in Europe and Latin
America. From April to September 2018 he also served as Chairman of CONSOB,
Italy’s financial markets supervisor.
Marlen Estévez Sanz is a partner in the Litigation and arbitration department
of Roca Junyent and the director of the Arbitration Department. Marlen is also
a professor at the IE Law School and in several Masters of Law at Escuela de
Practica Jurídica, Cardenal Cisneros University, Universidad Politécnica. She is also
one of the Spanish Delegates before the Council of Bars and Law Societies of
Europe, Secretary of the Ibero-American Section of the Spanish Royal Academy
of Jurisprudence and Legislation, and mentor of the international organization
Endeavor. Marlen is also a founding member and President of “Women in a Legal
World”, an organization that, among other things, seeks to make women visible
in the Spanish legal sector. Specifically, in the field of arbitration, Marlen has
worked both as an arbitrator and lawyer in numerous international and national
arbitrations within the context of commercial and investment arbitration.
Patricia Sarah Stöbener de Mora is Director for EU Law and International
Economic Law in the Association of German Chambers of Commerce and Industry
(DIHK), and has been working on internal market and other EU and International
law issues for the last six years. DIHK has contributed to the discussion on a reform
of investment protection with several position papers and proposed improvements
particularly for SMEs. Furthermore, DIHK has published surveys among chambers
of commerce and enterprises on obstacles in the internal market for goods,
services and investments.
Philippe-Emmanuel Partsch is partner of Arendt & Medernach in charge
of the EU Financial & Competition Law. He specialises in EU and Luxembourg
competition law, regulatory aspects of mergers and acquisitions, State aid rules,
EU banking and financial law, tax law, telecommunications, public procurement and
environmental law. In addition, he is a member of several high-level Committees
within the Luxembourg financial sector and of the Comité Français de l’Arbitrage.
Philippe-Emmanuel is also part-time Professor of European Banking and Financial
Law at the Université de Liège (Belgium). Having qualified as a lawyer in Belgium,
he is currently a member of the Luxembourg Bar. He holds a Doctorate in Law from
the Université de Liège and from the Université Robert Schuman de Strasbourg
(France).
Thomas Wiedmann is an official of the European Commission since 2005. He
works in the Commission’s Directorate General for Financial Stability, Financial
Services and Capital Market Union. Since 2011, he is dealing with investment issues
in a unit responsible for the free movement of capital and application of EU law.
He has the function of a team leader. Prior to entering the European Commission,
Thomas Wiedmann has held various functions in the German judiciary service,
inter alia, he was a judge at the Superior Court of Stuttgart (Landgericht) in civil
law matters. He began his career in the ministry administration of the German
land of Baden-Württemberg, serving in the state chancellery as well as in offices in
Bonn and in Berlin. Mr Wiedmann studied law at the universities of Tübingen and
Paris (Paris 2, Pantheon-Assas). He specialised in comparative law (PhD in 1996)
and European law.
Vincent Ingham, Director, Regulatory Policy at EFAMA, the European Fund and
Asset Management Association and responsible for coordinating the association’s
work on EU and international legislative and regulatory developments of relevance
for European asset management companies and investment funds. He joined
EFAMA in 2009. Prior to that, Vincent Ingham worked 7 years for a Belgo-Dutch asset
management company (Fortis Investments) in the Fund Structuring department.
He was in charge there of the creation, approval and legal maintenance of a wide
range of Belgium domiciled investment funds. Between 1996 and 2001, he worked
as lawyer for two law firms based in Brussels where he specialized in financial
law and company law. He holds a master degree in Law from the University of
Louvain-La-Neuve (U.C.L.), Belgium. Vincent is also a member of the Consultative
Working Group to ESMA’s Investment Management Standing Committee.
European Commission
DG Financial Stability, Financial Services and Capital Markets Union
SPA2 - Pavillon
Rue de Spa 2 / Spastraat 2
1000 Bruxelles / Brussel
Belgium
http://ec.europa.eu/dgs/finance
© European Union, 2018, cover photo: © Fotolia
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