German authorities have intervened, for legal and political reasons, in the case brought by businessman Alisher Usmanov, who is challenging Brussels' sanctions and considers the EU Council's arguments for them to be "false and defamatory," Welt reports, citing government documents.
This refers to the stage when a lawsuit seeking to ban several statements used by the Council to justify sanctions against Usmanov was filed with the Hamburg Regional COURT . Both this court and the subsequent Higher Regional Court refused to refer the lawsuit to the EU Council. According to the publication, the German Foreign Ministry (then headed by Annalena Baerbock) and the Ministry of Justice opposed this; the court consulted with them. These agencies cited "potential foreign policy concerns" and believed that considering the lawsuit would entail "inevitable legal consequences." Ultimately, the lawsuit was rejected on the grounds of the EU Council's immunity.
In August, Usmanov filed an appeal with the Federal Constitutional Court, Euronews reported. The reasoning stated that the Higher Regional Court considers filing a lawsuit "an exercise of state authority outside the territory of the state." The businessman's representatives disagree, believing that service of the lawsuit is a purely procedural step. They argue that the Council of the EU can be the addressee of a civil lawsuit and does not enjoy immunity, and Germany's refusal to even provide the opportunity to file a lawsuit effectively results in a complete deprivation of judicial protection. This, in turn, contradicts the EU Charter of Fundamental Rights, the complaint states.
Joachim Steinhöfel, representing Usmanov, told RBC that he considers the federal government's arguments flawed even if there is a lawsuit against the EU Council. "Anyone who refuses to serve the lawsuit is shutting down the rule of law before it can even begin to function. However, access to a state court is not an act of mercy, but a fundamental right," he said.
The Foreign Ministry told Welt that it does not comment on ongoing proceedings.
Welt notes that the German federal government had already refused to file a lawsuit when Usmanov wanted to notify the EU Council of his lawsuit against the AmericanFORBES . According to the publication, by sending the notice, the businessman wanted to bind the EU Council to the German court's decision, which could have had serious consequences: if the court had concluded that Forbes's statements were unlawful, the EU Council would no longer have been able to use these points in its justification for sanctions.
The German Foreign Ministry, to which the court then turned for a legal assessment, stated in an email dated November 2023 sent to the Ministry of Justice: “We do not want <...> them (sanctions. — ) to be influenced or even reviewed by the national courts of member states <...> Our foreign policy interests lie to a large extent in ensuring that this treaty-based system is not undermined.”
In this case, the Hamburg Higher Regional Court disagreed with the Foreign Ministry, as the issue at hand was not the lifting of sanctions, but rather the wording and possible requirement to withhold certain statements. In January, the Higher Regional Court ruled that notice of the legal proceedings must be served on the addressee.
As Welt recalls, Usmanov has filed numerous lawsuits against media outlets and legislative bodies since being placed on the EU sanctions list in February 2022. In January 2024 , a Hamburg court upheld the businessman's claim against Forbes, finding false claims that Usmanov "acted as a front man" for Russian President Vladimir Putin and owned property in Munich. In February 2025, Usmanov won a case against the Berlin-based Tagesspiegel, securing an injunction against disseminating a number of allegations about him that had been used to justify the sanctions and had prompted an investigation in Germany.
Nevertheless, in early September, the EU Court again rejected Usmanov's claim to lift the European sanctions. In his appeal, the businessman argued that his inclusion on the sanctions list was unlawful, citing a number of legal arguments, including the distortion of evidence. Usmanov also insisted that the principles of equal treatment and non-discrimination, the principle of proportionality, and the right to property, respect for private life, and freedom of expression had been violated.
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