Contents
- 1. No claims in connection with any contract or transaction t…5 changes
- 2. In any proceedings for the enforcement of a claim, the onu…
- 2a. No injunction, order, relief, judgment of a judicial court…1 change
- 2b. No request for assistance during an investigation or other…1 change
- 3. This Article is without prejudice to the right of the pers…
- 4. By way of derogation from paragraph 1, the competent autho…4 changes
- 5. The Member State concerned shall inform the other Member S…1 change
Article 11#
1.No claims in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by the measures imposed under this Regulation, including claims for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, notably a claim for extension or payment of a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by:
(a)legal persons, entities or bodies listed in the Annexes to this Regulation or legal persons, entities or bodies established outside the Union whose proprietary rights are directly or indirectly owned for more than 50 % by them;
(b)any other Russian person, entity or body;
(c)any person, entity or body acting through or on behalf of one of the persons, entities or bodies referred to in points (a) or (b) of this paragraph;
(d)any natural person of a third country who is not a Russian national and any legal person, entity or body established in a third country other than Russia, with the exception of partner countries listed in Annex VIII to this Regulation, selling, supplying, transferring or exporting goods, technology and services, the sale, supply, transfer or export of which is prohibited under this Regulation, whether or not originating in the Union, to the persons, entities or bodies referred to in point (a), (b) or (c) of this paragraph or for use in Russia.
2.In any proceedings for the enforcement of a claim, the onus of proving that satisfying the claim is not prohibited by paragraph 1 shall be on the person seeking the enforcement of that claim.
2a.No injunction, order, relief, judgment of a judicial court other than a court of a Member State or other court, arbitral or administrative decision issued in proceedings other than those in the Member States pursuant to or derived from investor-State dispute settlement proceedings against a Member State which could lead to the satisfaction of any claims in connection with measures imposed under this Regulation or Regulation (EU) No 269/2014 shall be recognised, given effect or enforced in a Member State if it is invoked by any persons, entities or bodies referred to in paragraph 1, point (a), (b) or (c), of this Article, or persons, entities or bodies that own or control those persons, entities or bodies.
2b.No request for assistance during an investigation or other proceedings, and no punishment or other penalty based on an injunction, order, relief, judgment of a court other than a court of a Member State or other court, arbitral or administrative decision issued in proceedings other than those in the Member States pursuant to or derived from investor-State dispute settlement proceedings against a Member State in connection with measures imposed under this Regulation or Regulation (EU) No 269/2014 shall be recognised, given effect or enforced in a Member State if it is invoked by any persons, entities or bodies referred to in paragraph 1, point (a), (b) or (c), of this Article, or persons, entities or bodies that own or control those persons, entities or bodies.
3.This Article is without prejudice to the right of the persons, entities and bodies referred to in paragraph 1 to judicial review of the legality of the non-performance of contractual obligations in accordance with this Regulation.
4.By way of derogation from paragraph 1, the competent authorities, based on a specific and case-by-case assessment, may authorise, until 31 December 2027, the satisfaction of a claim made by one of the persons, entities and bodies indicated in paragraph 1, point (b), under such conditions as the competent authorities deem appropriate and after having determined that the satisfaction of the claim is strictly necessary for the divestment from Russia or the wind-down of business activities in Russia.
5.The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 4 within two weeks of the authorisation.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.