#Germany #Hamburg #Alisher Usmanov #EU Council

Alisher Usmanov's Landmark Legal Battle Against the EU Council

In a landmark ruling, the German Federal Court (BGH) determined that the president of the Hamburg Regional Court acted unlawfully by refusing to process Alisher Usmanov's lawsuit against the European Union (EU) Council. This case marks a significant milestone as it is the first instance of an injunction being filed against an EU body for alleged violations of personal rights.

Alisher Usmanov, a prominent Russian billionaire, has accused the EU Council of defamation stemming from imposed sanctions that he claims are based on false accusations. The sanctions against Usmanov were enacted due to supposed ties to the Russian government and activities beneficial to President Vladimir Putin. Despite the EU lifting sanctions against him in late 2026, the grievances remain as various public statements made about him continue to circulate.

Background of the Case

The lawsuit stems from statements included in the EU's sanction justification that Usmanov asserts are untrue. He filed his injunction complaint at the Hamburg Regional Court back in December 2023. His claims could not be adjudicated through EU courts, necessitating recourse to national courts, as outlined in Articles 19 and 274 of the German Constitution and EU treaties.

In October 2026, the BGH ruled against the decision made by the president of the Hamburg court, who denied an order to deliver the lawsuit to the EU Council based on communications from the German Foreign Office. This office expressed concerns regarding the potential influences of national courts on EU decisions, calling it absurd to subject EU Council actions to oversight by individual member states.

A Battle for Justice

Joachim Steinhöfel, Usmanov's attorney, criticized the Foreign Office's attempt to obstruct legal proceedings. He reiterated that access to the courts is a fundamental right and condemned the Hamburg court president's actions as a failure to uphold judicial independence. The ruling from the BGH reaffirmed that only the trial court has the jurisdiction to make decisions about lawsuits, emphasizing the separation of powers.

Despite the removal of Usmanov from the EU sanctions list, the implications of the original sanctions remain, as many of the alleged personal rights violations can still be referenced in media reports. The EU's position on Usmanov is still publicly available, and thus the case takes on broader dimensions beyond just one individual.

Media and Public Reactions

The reaction to Usmanov's case has rippled through various media channels. Several leading European outlets had previously committed to refraining from disseminating information regarding Usmanov that could not be substantiated. Usmanov's legal team successfully secured over 21 court decisions and more than 109 retractions from media across the globe, establishing a crucial precedent for cases of defamation against public figures. Their efforts resulted in corrections to over 3,700 publications in 62 countries, aiming to rehabilitate Usmanov's image after politically charged and unfounded allegations.

Attention should also be drawn to the critical judgements rendered by German courts, such as the January 2024 ruling against Forbes magazine prohibiting them from publishing specific claims about Usmanov. This ruling highlighted the essential role courts play in upholding personal rights even amid politically motivated discourse.

As the legal proceedings resume following the BGH's ruling, the Hamburg Regional Court will determine the appropriate means for notification of the lawsuit to the EU Council, highlighting the ongoing struggle for justice that Alisher Usmanov continues to engage in. This case serves as a reminder of the complexities interwoven with law, politics, and personal rights in the newly evolving landscape of international jurisprudence.