27 апреля 2026
This amicus curiae brief is focused on three new instruments introduced by the 18th Sanctions Package, which may be summarised as follows.
1. Article 11(2a) of Council Regulation (EU) No. 833/2014 of 31 July 2014 ("Regulation 833/2024"), as amended by the 18th Sanctions Package, impose an obligation on Member States not to recognise, enforce or give effect to awards rendered by investment treaty tribunals not seated in the EU ("Foreign Awards") against EU Member States, which hold Member States responsible for, or in relation to, the adoption and/or implementation of sanctions and related judicial or administrative measures (the "Prohibition of Recognition Provision"). Article 11(2b) of Regulation 833/2014 extends this prohibition to any requests for assistance or penalties based on such decisions.
2. Article 11e of Regulation 833/2014 also provides a right to damages, including legal costs, for Member States and the EU itself from the persons mentioned above who
"initiated, intervened or participated in the investor-State dispute settlement in connection with measures imposed under this Regulation or Regulation (EU) No 269/2014", and from persons, entities, or bodies that own or control them (the "Damages Provision").
3. Article 11f of Regulation 833/2014 additionally requires the invocation of any available objections in investor-State disputes related to sanctions (the "Objection Obligation").
