German Federal Court of Justice rules blockage of lawsuit against EU Council unlawful
Germany's top court has overturned a decision to block service of legal documents in a defamation case brought by Alisher Usmanov against the Council of the European Union.
The Federal Court of Justice (BGH) in Germany has ruled that the refusal to serve court documents to the EU Council regarding a lawsuit filed by Alisher Usmanov was unlawful. The case concerns defamation claims brought by the billionaire against the EU Council over the stated grounds for his inclusion on European sanctions lists.
Usmanov sought an injunction against the EU Council to block the publication of statements he argues are false and defamatory, which were cited in the Official Journal of the European Union. However, proceedings were previously stalled after the Hamburg Regional Court refused to serve the papers to the defendant in Belgium, following internal recommendations from Germany’s Federal Foreign Office citing foreign policy concerns.
The BGH ruling explicitly states that the court administration had no authority to block the service of the lawsuit based on executive branch recommendations. The court held that such administrative decisions cannot override the fundamental right of access to the courts, noting that a court president cannot act on instructions from the foreign ministry without compromising judicial independence.
Lead counsel Joachim Steinhöfel described the ruling as a victory for the rule of law, stating that the independence of the judiciary must remain distinct from political maneuvering. With the procedural hurdle removed, the case can now proceed. The EU Council had previously removed Usmanov from its sanctions list in September 2026.