The Russian oil conglomerate Rosneft has initiated a new legal challenge against the German government. The company has filed a lawsuit with the Berlin-Brandenburg Higher Administrative Court concerning the newly imposed trusteeship oversight of its German subsidiaries. This development was confirmed by a court spokesperson when questioned by “Politico”.
Rosneft’s complaint was received by the court on March 30th. It challenges a decree issued by the Federal Ministry for Economic Affairs (BMWE) on February 27th. Initially, the filing served as an urgent application for injunction, meaning the lawsuit was submitted without a full legal basis or an established court date. As of now, the Ministry of Economic Affairs has responded to requests regarding the Rosneft lawsuit with silence.
The federal government had decided in February to place the Rosneft subsidiaries-and thereby the majority stakeholders of the Brandenburg refinery PCK-under permanent trusteeship on a new legal foundation. This new arrangement is based on the Foreign Trade and Payments Act (“Außenwirtschaftsgesetz”) rather than the former Energy Security Act (“EnSIG”). This pivotal shift means that official state control over the German Rosneft assets no longer requires periodic extension every six months; instead, it remains permanent as long as all prescribed conditions are met.
Critics from the Green party have voiced concerns regarding the government’s strategy. Parliamentary group member Michael Kellner (Greens) told the magazine that the federal government has adopted a high legal risk by adopting the new form of trusteeship. According to Kellner, expropriating Rosneft Deutschland would have been the safer path for ensuring the continued operation of the refinery and protecting the jobs there. He urged the government to pursue this route and not be tricked by Russia, arguing that Moscow is attempting to maximize uncertainty and render the refinery in Schwedt unsustainable.
It is noted that Rosneft previously filed a lawsuit in 2022 against the existing trusteeship, but that attempt was unsuccessful.
