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Defence & Security – The legal framework for doing business in and out of the EU

17.01.2024

The Russian invasion of Ukraine has not only turned the European security architecture upside down. It has also triggered a massive and ongoing rethink of security and defence within the European Union as a whole and its Member States individually. With conflicts flaring up in the Middle East and the future of peace in the Far East uncertain, Europe now faces a host of additional challenges for its foreign and security policy, as well as controversial decisions about meaningful consequences for its internal defence and security industries. The impact will be felt not only by the EU and its Member States, but also by any defence company operating or wishing to operate in the EU market.

For the defence industry, this offers a wide range of investment opportunities in the EU. However, successful operation in and from this particular market requires in-depth knowledge of the legal framework and culture. Over the next few weeks, BLOMSTEIN will provide an overview of the most important aspects and their impact on doing business in and with the EU, and Germany in particular, in a multi-part briefing series combining the expertise of our practice areas Public Procurement Law, Foreign Trade Law, Antitrust and State Aid Law as well as ESG.

The first briefings will cover defence procurement in the EU. They will focus on the different ways to enter into defence contracts with EU Member States. The subsequent briefings will focus on foreign trade law issues such as market entry opportunities through participation in research and development programmes or investment in defence companies. In addition, the legal framework for the sale of sensitive goods from the EU and in particular from Germany will be presented. Also, the rules on joint purchasing, which under certain conditions can ensure that joint purchasing activities are exempt from antitrust rules, are of particular importance. Another focus will be the participation in the recently established EU funds specifically for supporting the defence and security industry.

BLOMSTEIN constantly monitors developments in its practice areas that are relevant to the security and defence sector. The latest legal changes and trends are included in the briefings. If you have any questions or would like us to cover a specific topic, please do not hesitate to contact the BLOMSTEIN's defence team.