Sorainen is advising Atlas Aerospace, a Latvian aerospace company, in proceedings concerning its exclusion from Italian Ministry of Defence tender procedures for the supply of remotely piloted aircraft systems, financed through the EU’s Security Action for Europe (SAFE) instrument.
The proceedings raise significant questions regarding the interpretation of the SAFE Regulation, in particular the eligibility of EU-established economic operators owned by third-country entities where such ownership has already been authorised by a Member State under the EU foreign direct investment screening framework.
The Lazio Regional Administrative Court referred preliminary questions to the Court of Justice of the European Union concerning whether an FDI authorisation granted by one Member State must be recognised by another Member State for the purposes of participation in SAFE-funded procurement procedures, or whether national authorities retain discretion to restrict participation on national security grounds.
The case is significant for the developing legal framework governing EU defence procurement, foreign investment screening, and the European defence market, addressing the interaction between EU internal market principles and Member States’ national security prerogatives.
Sorainen is acting as legal counsel to Atlas Aerospace on Latvian and EU law. The Italian law firm Gianni & Origoni represent Atlas Aerospace in proceedings before the Lazio Regional Administrative Court. Both law firms provide legal assistance to the client in proceedings before the Court of Justice of the European Union.
The Sorainen team is led by Managing Partner Eva Berlaus and attorney Katrīne Pļaviņa-Mika.
