German High Court Rules Against Hamburg Court in Usmanov EU Case
Germany's Federal Court of Justice found it unlawful to block document service in Usmanov's suit against the EU Council over sanctions-related statements.
Germany's Federal Court of Justice (BGH) issued a significant ruling finding that the president of the Hamburg Regional Court acted unlawfully by refusing to serve legal documents in a case brought by Russian billionaire Alisher Usmanov against the Council of the European Union, according to an announcement from German law firm Rechtsanwälte Steinhöfel.
The underlying action centers on statements the EU Council used in connection with Usmanov, though the full scope of the claims was not detailed in the announcement. The BGH's decision clears a procedural hurdle that had previously blocked the lawsuit from advancing, marking a notable development in efforts by sanctioned individuals to challenge EU measures through domestic courts.
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The ruling carries broader implications for how European courts handle procedural requests from individuals subject to EU restrictive measures. By determining that the Hamburg court's refusal was unlawful, Germany's highest civil court signaled that administrative resistance to document service cannot be used as a de facto barrier to judicial access, even in politically sensitive cases.
Usmanov, a prominent Russian oligarch, was placed under EU sanctions following Russia's invasion of Ukraine. Legal challenges by sanctioned individuals against the EU Council have become increasingly common across European jurisdictions, with outcomes varying widely depending on the evidentiary basis cited by the Council at the time sanctions were imposed.
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