In a new pro bono legal analysis prepared for B4Ukraine, the Spanish law firm Regula addresses concerns that companies may face legal risks when exiting long-term gas contracts under the RePowerEU regulation, which aims to phase out Russian gas imports in the coming years. The research findings effectively counter some of the geopolitical and corporate arguments being made against RePowerEU.
Key findings:
The EU’s 2025 regulation banning Russian gas imports will likely override existing contracts without exposing European companies to legal penalties.
The force majeure principle provides a solid legal shield for companies forced to comply with the new ban.
Under European civil law systems (like Germany, France, Spain, Belgium), force majeure is broadly recognised in national laws.
Instruments like the UNIDROIT Principles, CISG, and PECL support the same view.
Arbitration cases (like Gasum Oy v Gazprom Export LLC) confirm that new government decrees or sanctions can trigger force majeure.
Clear EU guidance will help avoid legal disputes and ensure consistent application across member states.
The full analysis, including legal sources and jurisdiction-specific considerations, is available via the link.