Russia appeals to the Court of Justice of the EU against the freezing of its assets

Translated by Annachiara Laino

Tensions between the Russian Federation and the European Union have reached a new stage, this time on the legal front. The Russian Central Bank has filed an appeal with the General Court of the European Union, part of the Court of Justice of the European Union system based in Luxembourg, challenging the indefinite freeze on its assets imposed by Brussels. This move marks a significant step in the legal and political dispute between Moscow and the European institutions, already severely compromised by the invasion of Ukraine in February 2022.

The appeal, filed at the end of February 2026, seeks to challenge the regulation adopted by the Council of the European Union on December 12, 2025, which established the indefinite freezing of Russian sovereign assets held in Europe. This measure affects assets with an estimated total value of hundreds of billions of euros, much of which are held in European financial institutions, particularly in Belgium.

The clear change of pace by the Union

This decision represents an evolution compared to the previous sanctions regime. Until a few months ago, the freezing of Russian assets was part of the sanctions periodically renewed by unanimous vote of EU member states. With the new measure, however, the freeze has been made de facto permanent, at least until the end of the conflict in Ukraine.

The European decision is based on the desire to prevent Moscow from using these resources to finance the war effort and, at the same time, strengthen the EU's negotiating position in potential peace talks. However, the manner in which the measure was adopted has raised strong objections from Russia.

The Russian protests

According to the Central Bank of Russia, the European regulation violates fundamental principles of international law and the EU legal system itself. Specifically, the appeal argues that the asset freeze violates the right to property, limits access to justice, and violates the principle of sovereign immunity of states and central banks.

Furthermore, Russia also challenges the procedure used by the EU to adopt the measure. Brussels allegedly invoked Article 122 of the Treaty on the Functioning of the European Union, which allows for qualified majority decisions in situations of economic emergency. According to Moscow, however, since it was a foreign policy issue, unanimity among member states was required.

This last point is particularly sensitive, as it touches on the institutional balance of the Union and the boundary between economic and foreign policy competences. The European Commission justifies the use of Article 122, already employed during the Covid-19 pandemic and the energy crisis, by citing the war's severe economic impact on the European market. However, Russia argues that this constitutes a procedural abuse that undermines the legitimacy of the entire measure.

Growing conflicts between the European Union and Russia

The appeal is part of a broader context of growing legal conflict between Moscow and the European Union. In previous months, the Russian Federation had initiated legal action seeking compensation and challenging the freezing of its assets, which Russian authorities characterized as a violation of international law and, in some cases, even "theft."

From a European perspective, however, sanctions represent an essential tool of political and economic pressure on the Kremlin. Following the invasion of Ukraine, relations between the EU and Russia have deteriorated dramatically, with a significant reduction in trade and a progressive breakdown of economic and institutional ties.

The outcome of the appeal is far from certain. The General Court of the European Union will have to assess both the substantive legitimacy of the asset freeze and the correctness of the procedure adopted. Whatever the outcome, it could have significant implications not only for the specific case, but also for the future of European sanctions.

Ultimately, the case initiated by Russia represents a crucial test for the European legal system, which must balance political needs, international security, and the protection of fundamental principles of law. In an extremely fragile international context, courtrooms thus become a battleground between Moscow and Brussels.

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