Anti-Suit Injunctions under Article 248 CPC
Articles 248.1 and 248.2 of the Russian Commercial Procedure Code (CPC) grant Russian courts exclusive jurisdiction over disputes linked to sanctioned entities or sanctions-related matters. In practice, Russian parties have used these provisions to seek injunctions preventing their European counterparts from litigating outside Russia — even when contracts specify alternative dispute resolution forums.
The EU contends these injunctions can impose disproportionate financial penalties on European firms and run counter to international legal standards.
Key Developments of the New Prohibition
The new EU regulation bars the recognition and enforcement within the EU of any Russian court decisions based on Article 248 CPC or similar Russian statutes. This includes injunctions, preliminary orders, interim measures, judgments, and other rulings.
The goal is to prevent Russian parties from using anti-suit injunctions and the prospect of sanctions to force disputes into Russian courts.
Background
The EU previously acted against Article 248 CPC in its 14th sanctions package (June 2024), prohibiting European companies from transacting — directly or indirectly — with any Russian firms that filed lawsuits under Article 248. Those entities are listed on a dedicated sanctions list.