Summary

Advocate General Biondi: the prohibition on satisfying any claim of a Russian entity in respect of a contract the performance of which has been affected by restrictive measures does form part of the public policy of the Union.

A national court is obliged to ensure - of its own motion, if necessary - that an arbitration award is in line with that prohibition and, where appropriate, to set it aside.

Request for a preliminary ruling from the Svea hovrätt (Svea Court of Appeal, Stockholm, Sweden)

Reference for a preliminary ruling - Restrictive measures relating to Russia’s actions destabilising the situation in Ukraine - Ban on exporting dual-use items - Refusal to grant an export licence affecting the performance of a contract - Refusal to repay the advance payment - Bringing of proceedings before an arbitration tribunal - Article 11 of Regulation No 833/2014, as amended - Concept of a claim that cannot be satisfied - Arbitrability of disputes relating to restrictive measures - Judicial review of arbitration awards - Intensity - EU public policy - Fundamental importance for the accomplishment of the tasks entrusted to the European Union