1. Any person referred to in point (c) or (d) of Article 13 shall be entitled to recover, in judicial proceedings before the competent courts of the Member State, any damages, including legal costs, caused to that person by any persons, entities and bodies referred to in point (a), (b) or (c) of Article 11(1) that benefited from a decision pursuant to the Decree of the President of the Russian Federation No. 302 of 25 April 2023 as subsequently amended, or Russian legislation related or equivalent to it, provided that such decision is illegal under international customary law or under a bilateral investment treaty entered between a Member State and Russia, and that the person concerned does not have effective access to the remedies under the relevant jurisdiction.

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.