SEDELMAYER V. RUSSIAN FEDERATION COURT DECISIONS IN GERMANY IN JANUARY AND MARCH 2008 Munich Regional Court, 20 T 8856/07, Hagen Regional Court, 3 T 377/07, 3 T 405/07, Cologne Higher Regional Court, 22 U 98/07
Observations by Friederike Stumpe
Subject Matter: Execution of an arbitral award against the Russian Federation based on the 1989 Bilateral Investment Protection Treaty between the Federal Republic of Germany and the Union of Socialist Soviet Republics. Execution Immunity and States operating through State-owned corporations.
Findings: Munich and Hagen – attachment and transfer of rent claims of the “Russian House of Science and Culture” in Berlin. Cologne – Forced sale of former Soviet trade mission validated; attachment and transfer of rent claims of the wholly State-owned “State entity for the administration of property abroad” rejected.
Mr. Franz Sedelmayer, a German investor
Russian House of Science and Culture
State entity for the administration of property abroad
Place of Court Proceedings: Munich, Hagen, and Cologne in Germany