The Russian oil giant Rosneft has initiated new legal action against the German government. The company filed a lawsuit with the Higher Administrative Court of Berlin-Brandenburg challenging the trusteeship established in February for its German subsidiaries. According to a court spokesperson, the filing was received on March 30th and targets an order issued by the Federal Ministry for Economic Affairs (BMWE) on February 27th. For the moment, the suit was lodged defensively to preserve its rights, meaning a detailed legal justification is not yet required, and no hearing date has been set. The Ministry of Economic Affairs has so far declined to comment on the Rosneft lawsuit.
The dispute centers on a significant policy decision made by the German government in February. They opted to place the Rosneft subsidiaries-which hold the majority ownership of the PCK refinery in Brandenburg-under permanent trusteeship based on revised legal grounds. Importantly, this newly imposed control no longer relies on the Energy Security Act (EnSIG). Instead, it is based on the Foreign Trade Act, making the state’s control permanent, provided all established conditions continue to be met, instead of requiring periodic renewals every six months.
The government’s move has drawn criticism, particularly from the Green party. Bundestag member Michael Kellner (Green) told the magazine that the German government has taken a substantial legal risk with the current trusteeship model. He argued that outright expropriation would have been the more secure and appropriate path to ensure the continued operation of the refinery and maintain local employment. Kellner demanded that the government adopt this approach rather than allowing itself to be misled by Russia, stressing that Moscow is attempting to strategically heighten uncertainty and undermine the facility in Schwedt.
This legal challenge is not unprecedented; Rosneft had previously filed a lawsuit against the existing trusteeship in 2022, but that effort was unsuccessful.