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23 February 2012 / Richard Lang
Issue: 7502 / Categories: Features , Public , Tax
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Right end, wrong means

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Richard Lang follows the winding path of the Yukos v Russia case

Hyped as the biggest claim ever submitted to the European Court of Human Rights (ECtHR), in 2004 the oil giant Yukos took the Russian government to Strasbourg, alleging violations of its fair trial and property rights. This followed the initiation by the Russian Tax Ministry of litigation which lasted two years and which culminated in the bankruptcy and liquidation of the company in 2006. The ECtHR reached its decision on 20 September 2011 in OAO Neftyanaya Kompaniya Yukos v Russia (App No 14902/04).

Complicated hierarchy

The applicant, Yukos, was at the centre of a complicated hierarchy of parent companies and diverse subsidiaries. In particular, 22 “trading companies” had been set up in low-tax areas of Russia, which then “commissioned” Yukos to buy crude oil and sell it, either before or after processing, on their behalf. These companies then declared the tax on income received by Yukos.

The saga began on 14 April 2004 when the Tax Ministry, having

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