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UncategorizedIndirect Transactions Involving Frozen Assets under Regulation (EU) No 269/2014
Comment on General Court judgment in Case T-102/23 Introduction In a noteworthy judgment, the General Court (First Chamber) addressed the issue of indirect transactions involving frozen assets under Regulation (EU) No 269/2014 (OJ 2022, L 193, p. 133). The case (T-102/23) provides important guidance on the scope of the prohibition on disposal and the concept […]
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UncategorizedEU General Court confirms prohibition of rendering legal services to Russian legal entities and gives guidance regarding the exceptions
On October 2, 2024, the General Court of the European Union (Grand Chamber) delivered a significant ruling in Case T-797/22. The claim was filed by the Ordre néerlandais des avocats du barreau de Bruxelles (Belgium) and other applicants, supported by the Bundesrechtsanwaltskammer (Germany) and Ordre des avocats de Genève (Switzerland). The applicants challenged the legal […]
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UncategorizedECJ Decides Notaries’ Impartial Role Does Not Breach EU Sanctions on Russia
The European Court of Justice (ECJ) recently issued a judgment in Case C-109/23, which addresses the legal question of whether a German notary’s role in authenticating the sale of immovable property owned by a Russian legal entity violates the EU’s restrictive measures concerning Russia. Specifically, this case revolves around Article 5n(2) of Council Regulation (EU) […]
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UncategorizedWelcoming Climate Litigation: Advisory Opinion of the Tribunal for the Law of the Sea
Although not a judgement per se and lacking binding force, as explicitly pointed out by the Tribunal, yesterday’s Advisory Opinion by the #Tribunal for the Law of the Sea marks another corner stone in international climate litigation.
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UncategorizedA Russian person can only bring a dispute before a Russian court if it has proof of the existence of sanctions against it
Photo by Linus Mimietz on Unsplash Case: №А55-24707/2022 Background facts LLC “European Biological Technologies” filed a claim with the Arbitrazh Court of the Samara region to recover from the company “Cabinplant A/S” the amount of unjust enrichment in the form of advance payment for the undelivered goods under the contract dated 12.09.2013 №92/SMB13 in the […]
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UncategorizedRussian Supreme Court rules that money blocked by OFAC in the US is not lost, if an application to unblock the funds has not been filed
Photo by Jp Valery on Unsplash The ruling of the Supreme Court of the Russian Federation № 305-ЭС23-11869 dated 20.11.2023 Case № А40-179021/2022 The Supreme Court of the Russian Federation made a ruling in case No. A40-179021/2022 on the suit of OOO “IS TEX” to JSC “Moscow Industrial Bank”(hereinafter abbreviated as MInBank”) on funds recovery […]
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UncategorizedGerman Federal Court of Justice: Principal carrier bears no unlimited liability if the sub-carrier fails to comply with additional security measures not imposed by the sender
Copyright 2023 ChatGPT Image Generator BGH, Urteil vom 13. Oktober 2022 – I ZR 151/21 In a recent decision, the German federal court of justice (BGH) addressed the issue of whether the principal carrier can be held fully liable without limitation to the sender under Article 29 CMR when the breach of duty is committed […]
