Recital 23

(23) While satisfaction of claims in connection with measures imposed under Regulation (EU) No 833/2014 or Regulation (EU) No 269/2014 is prohibited in the Union, including in out-of-court settlement proceedings, there is evidence to suggest that Russian persons, entities or bodies, or persons, entities or bodies acting through or on behalf of one of those Russian persons, entities or bodies, or owned or controlled by such persons, entities or bodies, seek or might seek to abusively initiate and pursue dispute settlement proceedings outside of the Union in connection with measures imposed under Regulation (EU) No 833/2014 and Regulation (EU) No 269/2014, or seek or might seek to illegally obtain recognition or enforcement of arbitral awards granted through such abusive dispute settlement proceedings. It is therefore necessary to enable competent authorities or the Union, where applicable, to recover in proceedings before a court of a Member State any damages caused, including legal costs and costs incurred in the event of non-compliance with the arbitral award by the other party, from those persons, entities or bodies and from persons, entities or bodies that own or control those persons, entities or bodies, as a consequence of an investor-State dispute settlement in connection with measures imposed under Regulation (EU) No 833/2014 or Council Regulation (EU) No 269/2014, provided that all available legal remedies in the relevant jurisdiction have been exercised. Competent authorities should recover such damages in accordance with Union law and customary rules of international law.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-16 · Text as adopted (Official Journal); later amendments are not incorporated in this text.