Legal Guidance and Research / Experts / Annabelle Lepièce

Annabelle Lepièce

CMS
Annabelle Lepièce specializes in European law, with a focus on competition law (antitrust, State aid, merger control). She also has broad experience in the EU freedoms (services, goods, establishment). Her legal practice includes drafting and submitting notifications of public interventions, individual aids or aids schemes to the European Commission (rescue and restructuring aid, RDI aid, investment aid) and representing the public authorities in European investigations on illegal aids. She advises public entities on the qualification of a measure as state aid, its potential compatibility with EU rules and the setting up of aid schemes, including measures co-financed with European structural funds (RDI aid, de minimis aid, public guarantees, rescue and restructuring aid scheme). She files merger notifications, lodges complaints for abuses of dominant position and represents undertakings in investigations on cartels before national and European Competition authorities. She also advices public authorities on compliance of their actions to the relevant European law, for instance on the implementation of European directives. She represents undertakings in litigations with the European Commission regarding European subsidies. She has extensive experience in EU litigation, representing both public authorities and private undertakings before the General Court and the Court of Justice of the European Union. She has a recognized expertise in air transport and the airport sector (financing of airport activities and infrastructure, contracts with airlines, groundhandling, airport charges, etc.), the banking sector, the steel manufacturing industry, energy and public investments (capital injections, guarantees, loans). In the aviation sector, she has represented the Belgian authorities in the investigation of the European Commission on the financing of the Charleroi Airport and Ryanair airport since 2002. She has assisted French, Dutch, Romanian and Spanish regional authorities and airports in European Commission investigations and advises them daily on the compliance of their funding and their contracts with airlines to European law and more particularly to State aid rules. She is also consulted by airlines on the public investments they may benefit from their public shareholders. Annabelle is a recommended lawyer in the 2018 edition of the 100 Global Competition Review as well as in the Chambers 2017 and 2017 editions in Competition and State aid and in the 2017 edition of the Legal 500 EMEA. She lectures on State aid at the Université Paris I - Panthéon- Sorbonne [Panthéon-Sorbonne University], at the Ecole d'Administration publique commune à la Communauté française et à la Région wallone [Common Public School of Administration to the French Community and the Wallonia region],at the Ecole Nationale d'Aviation Civile [National School of Civil Aviation] and at the Assembly of European Regions, at Connect, etc. She is regularly invited to hearings by the Committee of the Regions as an expert in State aid. Thus, on 19 September 2016, she participated, as a legal practitioner, in a presentation of the Communication of the European Commission on the notion of State aid to the members of the Committee of the Regions, along with representatives of the European Commission. She is a member of the Scientific Committee of the Revue du droit des Industries de réseau [Network Industries Law Review] ('RDIR'), of the 'Competition Women's Network' and the Belgian Competition Law Association.

Practice Area

Panel

  • Contributing Author

Qualified Year

  • 1997

Membership

  • CMS Belgium

Education

  • 1996 - Universit Libre de Bruxelles, ULB (Law Degree)
  • 1996 - University of Aberdeen (Certificate in Legal Studies)
  • 1997 - Universit Libre de Bruxelles, ULB (Postgraduate in European Law)
  • 1997 - Bar admission (Brussels, Belgium)
  • 2001 - University of Edinburgh and British Council (European Young Lawyers Scheme)

1 Contributions by Annabelle Lepièce

Belgium Foreign Investment Screening: Interfederal one-stop regime—scope, 10%/25% triggers, procedure, standstill, remedies, penalties, confidentiality, Flemish ex post mechanism, and 2024/25 developments
PRACTICE NOTES
Belgium Foreign Investment Screening: Interfederal one-stop regime—scope, 10%/25% triggers, procedure, standstill, remedies, penalties, confidentiality, Flemish ex post mechanism, and 2024/25 developments
1. What is the applicable legislation? At national level From 1 July 2023, Belgium’s foreign direct investment (FDI) screening system entered into force, created by the Cooperation Agreement 2022 concluded between the Federal State and the Belgian Regions and Communities. Non-European investors are required to notify an inter-federal screening committee of plans to invest in a Belgian company active in highly sensitive sectors, or where the transaction could influence national security, public order, or the strategic interests of the Federal State, Regions and Communities. At regional level On 7 December 2018, the Flemish Parliament adopted the Administrative Decree (Bestuursdecreet) (Decree 2018), which provides for the screening of foreign investment concerning Flanders’ strategic (semi-) public assets. Although effective since 1 January 2019, it has not yet been applied. Articles III.59 and III.60 introduce an emergency brake intended to safeguard the Flemish Region’s strategic interests. This is an individual ex post measure rather than an ex ante review of anticipated legal acts ( rechsthandelingen ). Notwithstanding the advent of the national screening framework, the Flemish ex post mechanism currently remains in force...
Competition
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