Russia Seeks Staggering Amount in Damages against Euroclear over Seized Assets
The Russian central bank has announced it is seeking damages valued at $230 billion against the financial institution Euroclear. This legal step constitutes a direct response by the Kremlin against plans to utilize frozen Russian sovereign funds to support Ukraine.
The Substantial Demand
Based on accounts in Russian news outlets, the central bank initiated a lawsuit last week for approximately 18 trillion roubles. This figure is equivalent to the aforementioned $230 billion demand.
European Union officials will decide in the coming days regarding a plan to leverage around €210 billion in frozen Russian assets. The proposal entails granting Ukraine with a large loan to fund its military and financial stability.
The vast majority of these assets, totaling €185 billion, are stored at the Euroclear depository in Brussels. Euroclear serves as the main custodian for the Russian immobilised sovereign wealth.
Divergent Legal Views
EU authorities have maintained that their plan is on solid legal ground. Their position rests on the principle that ownership of the sovereign wealth still belongs to Russia, despite being it was immobilized in EU countries shortly after the 2022 military offensive of Ukraine.
Moscow, in contrast, has labeled any use of the funds as theft. Authorities have warned of retaliatory measures, including confiscating EU private investors' holdings within Russia.
Kirill Dmitriev, a figure who has taken on a key position in diplomatic talks, stated on a social media platform that Russia "will win in court" and retrieve its funds. He warned that the European Union, the common currency, and Euroclear "will face consequences" from the plan.
Wider Implications
In comments seen as an attempt to drive a wedge between Europe and the United States, the official characterized the assets plan as "a severe assault on the right to ownership and the international reserves system created by the United States."
Euroclear refused to provide a statement on the new legal action. The institution has previously stated it is contending with more than 100 legal cases in Russian jurisdictions.
Enforcement Challenges
While courts in EU countries are not expected to recognize rulings from Russian tribunals, analysts expect Moscow to pursue enforcement in countries with closer ties to the Kremlin.
"The Bank of Russia could try to enforce a Russian legal ruling against Euroclear in countries such as China, Hong Kong, the UAE, Kazakhstan, and other friendly states, if relevant holdings can be identified," stated a lawyer from an international firm.
EU Countermeasures
European authorities indicated they are developing steps to deter other countries from aiding any Russian lawsuits against European companies. They are also designing safeguards to shield EU member states with assets in Russia from what they term "illegal expropriation."
How the Funding Would Work
Under the detailed scheme, the EU would provide an first €90 billion loan to Ukraine, backed by the cash earned from the immobilized assets at Euroclear. Importantly, Russia's ownership claim on the underlying funds would stay unaffected.
Ukraine would solely be required to return the loan if and when Russia consented to pay compensation for the vast destruction inflicted during the nearly four-year conflict.
Alternative Proposals
Belgium, backed by Italy, Bulgaria, and Malta, has asked the EU to examine an different approach for financing Ukraine. This involves joint EU borrowing to secure a loan, using unused funds within the EU budget.
Such a proposal, however, demands unanimity among all 27 member states. The Hungarian government, viewed as aligned with the Kremlin, has previously expressed its opposition.
Speaking on Monday, the EU foreign policy chief, Kaja Kallas, described the proposed loan scheme as "the most credible option" for supporting Ukraine. "This mechanism is secured against the Russian frozen assets, meaning it doesn't come from our public funds, which is also important," she stated. "It also sends a clear signal that if you cause all this destruction to another nation, you must pay for the rebuilding."