Brussels Court of First Instance (Bank account attachment proceedings) - ruled

Yukos Universal Limited made conservatory attachments on bank accounts on 17 June 2015 and converted them into executory attachments on 7 October 2015.
In these proceedings ("bank account attachment proceedings"), the RF asked for the lifting of those attachments and requested damages.

On 8 June 2017 the Court of First Instances ruled that due to the annulment of the awards no attachments may be maintained or pursued. The attachments on the bank accounts shall be lifted.


Brussels Court of First Instance (real estate attachment proceedings) - ruled

YUL made an executory attachment of the real estate belonging to the RF and to the TASS and the RIA Novosti Press Agencies on 27 August 2015.

In these proceedings ("real estate attachment proceedings"), the RF asked for the lifting of those attachments and requested damages.

On 8 June 2017 the Court of First Instances ruled that due to the annulment of the awards no attachments may be maintained or pursued. The attachments on the real estate shall be lifted.


Proceedings in Belgian Constitutional Court - ruled

YUL introduced an annulment proceedings before the Belgian Constitutional Court. It sought the annulment of the Law of 23 August 2015 inserting a new Article 1412quinquies in the Belgian Judicial Code, which grants immunity to foreign states and international organization.

On 27 April 2017, the Belgian Constitutional Court rejected in main parts YUL’s request to annul the law and confirmed the principle of immunity and limited exception to it.


Proceedings in the European Court of Justice - active

29/03/2016 - YUL instituted this application against the European Investment Bank under the special jurisdiction of the ECJ under Article 1, Protocol on the Privileges and Immunities of the EU. This application concerns the property and assets of the EU, specifically the debts that the RF holds against the European Investment Bank, in the latter's capacity as issuer of bonds subscribed by the RF, including on the interest generated by those bonds and their reimbursement. In these proceedings, YUL requests the ECJ to authorise YUL to serve interim and final garnishee orders on the European Investment Bank in respect of those debts and, de minimis, of all sums owed or which will be owed by the European Investment Bank to the RF up to an amount, in principal and interest, of EUR 1 690 886 892.20.

RF is not a party to these proceedings and is not informed of its progress.


Exequatur proceedings in Brussels Court of First Instance - ruled

9/12/2016 – The court dismissed Russia’s appeal holding that it was not filed in accordance with a special procedure envisaged in the Belgian-Dutch Treaty of 1925.

24/06/2015 - YUL obtained an ex-parte Exequatur Order from the President of the Court of First Instance in Brussels. granting the enforcement of the awards dated 30 November 2009 and 18 July 2014 for an amount of USD 1,846,000,687 (EUR 1,364,880,369). The RF filed a third party opposition against this Order.

On 9 December 2016 the court held the RF's opposition to be inadmissible in light of the Belgian-Dutch Treaty of 1925 which, according to the Court of First Instance, superseded the New York Convention [Convention on enforcement and recognition of foreign arbitral awards adopted in New York in 1958].

The RF has filed appeals before the Court of Appeal and the Court de Cassation in Brussels.


Appeal in accordance with the Belgian-Dutch Treaty of 1925 (Brussels Court of Appeal) - active

Following the Judgement of 9 December 2016 the RF filed an appeal in accordance with the procedure envisaged in the Belgian-Dutch Treaty of 1925. The appeal impugns the ex parte Exequatur Order and requests the annulment of the same. It raises several grounds for refusal of exequatur.

A hearing on the appeal is scheduled for 30 January 2018.


Appeal to the Brussels Court’s Judgement of 9 December 2016 (Brussels Court of Appeals) - active

10/02/2017 - the RF filed an appeal against the Judgement of 9 December 2016.

27/03/2017 Court held to hear this appeal in parallel with the Appeal in accordance with the Belgian-Dutch Treaty of 1925.

A hearing on the appeal is scheduled for 30 January 2018.


Proceedings before Court of Cassation - active

24/03/2017 - RF filed an appeal challenging the reasoning adopted and the decision reached by the Brussels Court of First Instance in the Judgement of 09/12/2016, specifically concerning the applicability of the Belgian-Dutch Treaty. The RF requests the annulment of the Judgment of the First Instance Court.

YUL's submissions are due on 24 July 2017,