International Claims Commission for Ukraine: what companies and individuals can claim

Key data

If your company has assets, investments or contracts affected by the conflict in Ukraine, from now on there is a formally constituted international body to which you can direct your claims for damages. The Council Decision (EU) 2026/1328, of 11 May 2026, formalizes the accession of the European Union to the Convention establishing the International Claims Commission for Ukraine.

This decision is not a minor formality: it represents an institutional and financial commitment by the EU within the framework of international law, and converts this multilateral body into the official channel for channeling compensation claims arising from damages caused in the context of the conflict.

What does this regulation establish?

The Council Decision formalizes the EU's accession to the Convention establishing the International Claims Commission for Ukraine. This multilateral body will have the following competencies:

• Receive claims for compensation for damages arising from the conflict in Ukraine.
• Evaluate the nature, scope and amount of claimed damages.
• Resolve claims in accordance with the procedures established in its own internal regulations.

The measure implies a dual commitment by the EU: institutional, by recognizing the authority of this international body, and financial, by participating in the financing mechanisms agreed between the States participating in the Convention.

It is important to emphasize that the practical application of this Commission will depend on two factors that are still under development:

• The regulatory development of the International Commission itself (procedures, deadlines, admissibility criteria).
• The financing mechanisms agreed between participating States to meet recognized compensation.

Economic and operational impact

For companies and individuals with interests in Ukraine, this regulation represents an opportunity for economic recovery that did not previously exist in a structured form at the multilateral level. The main effects are:

• New formal avenue for claims: Before this Convention, options for claiming damages arising from the conflict were limited and scattered. Now there is a specific body with an international mandate.
• EU institutional backing: The EU's formal accession strengthens the legitimacy of the process and the likelihood that resolutions will be enforceable.
• Uncertainty about timelines and amounts: Pending regulatory development means that the exact criteria for valuing damages and resolution timelines are not yet known. Companies should prepare, but without expectations of immediate payment.
• EU financial commitment: The EU's participation in financing mechanisms may be relevant to the solvency of the compensation fund, although specific amounts are not determined in this Decision.

Who does it affect?

• Spanish and European companies with facilities, subsidiaries, warehouses or physical assets in Ukraine damaged or destroyed by the conflict.
• Exporters and importers with contracts interrupted or goods lost in Ukrainian territory.
• Investors with shareholdings in Ukrainian companies or direct investment projects affected.
• Individuals (EU citizens) with real estate or other assets in Ukraine.
• EU Member States, which assume institutional and financial commitments arising from accession to the Convention.
• Legal advisors and consultants managing international claims on behalf of their clients.

Practical example

A Spanish agribusiness company had a logistics warehouse in eastern Ukraine with machinery and inventory valued at several million euros. Since the start of the conflict, these facilities have become unusable and the company has been unable to recover either the assets or the associated contracts.

With the entry into force of Decision (EU) 2026/1328, this company will be able to file a formal claim with the International Claims Commission for Ukraine, proving ownership of the assets, the damage suffered and its connection to the conflict. The Commission will evaluate and resolve the claim in accordance with its internal regulations, once these are developed.

The immediate step for this company is to document and preserve all evidence of ownership and damage (deeds, insurance, inventories, photographs, contracts) before the formal period for filing claims opens.

What should companies do now?

1. Identify and document all damages suffered in Ukraine: Gather property deeds, contracts, inventories, insurance policies and any evidence of the value of affected assets before the conflict.
2. Quantify the claimable damage: Prepare an internal report or with the support of an expert to estimate the value of direct and indirect damages (destroyed assets, lost profits, unfulfilled contracts).
3. Consult with a legal advisor specialized in international law: Proceedings before multilateral claims bodies require specific knowledge of international law and the admissibility criteria established by the Commission.
4. Monitor the regulatory development of the International Commission: Practical application depends on rules yet to be published. Subscribe to regulatory alerts to learn when the claims filing period opens.
5. Do not rule out other parallel avenues: This Commission does not necessarily exclude other legal actions or ongoing insurance. Evaluate with your advisor whether the avenues are compatible or mutually exclusive.

Official source

Consult full regulation at official source

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://eur-lex.europa.eu/./legal-content/AUTO/?uri=OJ:L_202601328