Moscow court to hear $230 billion lawsuit against Belgium’s Euroclear
A Moscow court has agreed to hear the $230 billion lawsuit filed by the Central Bank of Russia (CBR) against Belgium’s Euroclear over immobilized sovereign assets.
Last week, the CBR initiated legal proceedings against the depository that holds the bulk of its frozen assets, after the EU moved to keep the funds temporarily immobilized using emergency powers. Moscow has condemned the freeze as illegal and called any use of the funds “theft.”
Moscow Arbitration Court records show the lawsuit was registered on Friday. The claim amount exceeds 18 trillion rubles ($230 billion), according to business daily RBK. The regulator reportedly plans to seek a closed hearing.
Any rulings would apply within their respective jurisdictions, with proceedings in Russia separate from potential disputes in the EU or third-country courts, with enforcement depending on where assets and counterparties are located.
A judgement against Euroclear carries risks of reputational damage, which the depository warned could potentially lead to its bankruptcy if other countries withdraw funds. Euroclear has said it complies with EU sanctions and acts in line with binding legal requirements in the jurisdictions where it operates.
Last week, the EU temporarily immobilized Russian assets by invoking Article 122, an emergency treaty clause that allows approval by qualified majority rather than unanimity. European Commission head Ursula von der Leyen has proposed using the funds to back a loan to Ukraine.
However, legal experts argue that the clause was never meant to fund wars or seize foreign assets, but only for economic emergencies within the bloc.
”Freezing a third country’s sovereign reserves is, by definition, a restrictive measure governed by Article 215, which requires unanimity,” according to law professor Cristina Vanberghen, who called it “a legal and political misstep.”
Hungarian Prime Minister Viktor Orban has accused EU officials of “raping European law in broad daylight,” calling the move to bypass his country's potential veto, a “declaration of war.”
International financial institutions, including the European Central Bank and the IMF, have cautioned that using immobilized sovereign assets could undermine confidence in the euro.
