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302 of 25 April 2023 as subsequently amended, pursuant to Federal Law No. 470-FZ of 4 August 2023 as subsequently amended, or pursuant to related or equivalent Russian legislation, provided that such decision is illegal under international customary law or under a bilateral investment treaty entered into between the relevant Member State and the Russian Federation, and provided that the person concerned does not have effective access to the remedies under the relevant jurisdiction. Such damages may be recovered from the persons, entities or bodies referred to in Article 11(1), point (a), (b) or (c), that benefited from, or are responsible for, a decision issued under those Russian decrees or legislation, or from persons, entities or bodies that own or control those entities or bodies.

2. Member States shall not be liable for judicial decisions rendered in accordance with paragraph 1 or for the enforcement of such decisions. Member States shall not comply with judgments, arbitral awards, including investor-State arbitral awards, or other judicial decisions which hold them liable contrary to the first sentence of this paragraph.

1. Any person referred to in Article 13, point (c) or (d), shall be entitled to recover, in judicial proceedings before the competent courts of a Member State, any direct or indirect damages, including legal costs, caused to that person or to a legal person, entity or body that the person referred to in Article 13, point (d), owns or controls, by any persons, entities or bodies referred to in points (a), (b) or (c) of Article 11(1) that benefited from, or are responsible for issuing, a decision pursuant to the Decree of the President of the Russian Federation No