Dutch court releases freeze on Gazprom's Wintershall assets.
In a complex legal saga that has been unfolding since mid-2025, the case involving Gazprom, Slavyitch, Zhniva, and the arrest of Gazprom's assets in the Netherlands continues to captivate the legal world. The dispute revolves around the principle of state immunity, a concept central to international law.
Slavyitch and Zhniva, companies linked to investors or creditors of Gazprom, have initiated proceedings in Dutch courts to enforce claims against Gazprom by attempting to seize or arrest Gazprom's assets located in the Netherlands. However, Gazprom, as a major Russian state-controlled energy company, has invoked the principle of state immunity, arguing that its assets are entitled to protection from seizure under international law.
The Dutch courts have been tasked with a delicate balancing act, enforcing creditor claims while respecting state immunity under principles codified in both Dutch law and international conventions, such as the United Nations Convention on the Jurisdictional Immunities of States and Their Property. The courts often consider whether the assets sought for arrest are used for commercial purposes or sovereign functions. Commercial assets may be subject to seizure, while sovereign assets generally enjoy immunity.
Gazprom's defense heavily relies on the argument that its assets are affiliated with the Russian state and thus protected by immunity, complicating creditors' attempts to seize them. To date, Dutch courts have taken a cautious approach, often requiring detailed proof regarding the nature of the assets. No definitive landmark ruling has fully resolved the case in favor of either side.
Some provisional arrests or freezes of Gazprom assets may have been ordered but face appeals based on immunity claims. The case continues to be closely watched as it involves broader implications for enforcement of judgments against state-owned enterprises and state immunity doctrines.
In addition to the Dutch proceedings, the case has also seen developments in other jurisdictions. For instance, the court in Ukraine ordered Russia to compensate "Slavyitch" and "Zhniva", with one of the companies losing access to its own land plots. In May 2024, an arrest was imposed on "Gazprom" shares held by Wintershall following a lawsuit by "Slavyitch".
The Netherlands court ordered "Slavyitch" and "Zhniva" to pay €2,100 in legal costs to "Gazprom" on July 14, 2023. In 2024, an arrest was imposed on assets of "Gazprom" due to lawsuits by Ukrainian companies "Slavyitch" and "Zhniva". "Gazprom" filed a lawsuit in The Hague to lift the arrests.
The Ukrainian court later granted a request by "Slavyitch" and "Zhniva" to recognize "Gazprom" as the alter ego of Russia and recover the debt. In August 2024, "Zhniva" also succeeded in obtaining an arrest on "Gazprom" assets. However, the judge in the preliminary proceedings lifted the arrests, stating that "the interests of 'Gazprom' in lifting the arrests outweigh the interests of the plaintiffs in their maintenance".
For the latest updates on this evolving case, we recommend checking recent rulings in the Netherlands or official court records, as these cases can change with new hearings or decisions.
The business entities, Slavyitch and Zhniva, have initiated legal proceedings in the Netherlands, aiming to seize Gazprom's assets to enforce claims against Gazprom. In contrast, Gazprom, relying on the principle of state immunity, has argued that its assets should be protected from seizure in light of its status as a major state-controlled finance company.
