Onder 5.7. Rechtbank Den Haag 20 april 2016

The first ground for reversal is linked to the meaning of Article 45 paragraph 1 ECT, which forms the basis for the provisional application of the Treaty referred to in this section. According to that provision, each Signatory consents to the provisional application of the ECT “ to the extent that such provisional application is not inconsistent with its constitution, laws or regulations ”. The court designates this restriction hereinafter as the “Limitation Clause”, in accordance with the terminology used in the Interim Awards. The Tribunal decided that by signing the ECT the Russian Federation consented to the provisional application of the entire Treaty pending its entry into force, unless the principle of provisional application itself were contrary to the Russian Constitution, laws or other regulations. According to the Tribunal, the Limitation Clause contained in Article 45 paragraph 1 entailed an “all or nothing” approach. This opinion, extensively covered in 2.10, can be summarised as follows, only taking into account the considerations relevant to this judgment. The numbers in parentheses refer to the corresponding grounds for the decision of the Tribunal.

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