Polish – Danish foreign investments

The Polish parliament is proceeding on a bill that will agree to a new agreement between Denmark and the Republic of Poland on the change and termination of the Agreement between Poland and Denmark on the promotion and mutual protection of investments, signed in Copenhagen on May 1, 1990.

This is the result of the proceedings of the European Commission (so-called EU Pilot) regarding non-compliance, among others, of this Intra-EU BIT Agreement with EU law. This solution is necessary due to such clauses in the international agreements like sunset clause.

According to the justification of the Act, the largest Polish direct investment in Denmark was the takeover by Asseco Poland S.A. of IT Practice A/S block of shares. At the end of 2015, the Kingdom of Denmark was placed on the 14th position in the ranking of direct foreign investments in Poland, and the value of Danish cumulative capital in the Republic of Poland, according to the National Bank of Poland, amounted to EUR 3,3 billion.

It should be noted that the compliance of intra – EU BIT agreements is examined by the Court of Justice of the European Union on matters such as Case C-284/16. (link)