Utlities in Austria, Germany, Finland, France and Czechia have taken disputes with Gazprom to the ICC for arbitrationImage: Weingartner-Foto/CHROMORANGE/picture alliance
Russia-Austria gas dispute
In January 2023, OMV sought arbitration from the International Chamber of Commerce, saying the Russian gas giant had caused supply disruptions at the height of the EU energy crisis that erupted after Russia launched its full-scale invasion of Ukraine a year earlier.
Russia, historically the European Union’s top natural gas supplier, significantly cut pipeline flows in 2022, citing technical issues and payment disputes, while seeking political leverage in the face of international sanctions following the invasion of Ukraine.
Having relied on Russia for up to 40% of their gas supplies, EU countries scrambled to line up alternative supplies and boost gas storage as prices skyrocketed. In August 2022, the Dutch TTF gas benchmark surged to over €300 per MWh.
Last Wednesday, the Paris-based International Chamber of Commerce ruled in OMV’s favor, awarding the Austrian utility €230 million in damages, plus interest and costs, the company said.
The International Chamber of Commerce is a body recognized for resolving international commercial disputes, and its rulings are binding on all parties. The ICC had previously ruled in favor of Germany’s Uniper, entitling it to over €13 billion in damages for non-delivery of Russian gas.
OMV said in a statement that it would “recover awarded damages” by “offsetting its claims against invoices under the Austrian gas supply contract with Gazprom Export.” The utility warned of a possible “deterioration of the contractual relationship” with Gazprom, which it acknowledged could lead to a “potential halt of gas supply.”
EU energy security
The 2022 energy crisis left the European Union’s gas market highly sensitive to supply issues, with any further outages likely to spike prices higher.
In 2024, heating demand across Europe has increased as a result of colder temperatures. Although EU gas storage facilities were 95% full on November 1, the Reuters news agency reported that, ahead of winter, gas withdrawals had begun earlier than in 2023
Before this row, Austria’s gas imports from Russia made up 80% of deliveries. Alfons Haber, the head of the country’s energy regulator E-Control said Gazprom supplies had been reduced by between 12 and 15% due to the dispute but insisted that “homes will not be cold either this winter or next,” even if Russia cuts supplies altogether.
The EU receives Russian gas via Ukraine, but a transit deal is set to expire at the end of 2024Image: Imago/Zuma
The dispute is exacerbated by the impending closure of transit pipelines in Ukraine, through which Austria, Hungary and Slovakia receive much of their Russian gas. Kyiv has refused to renew the gas transit deal with Moscow as part of efforts to reduce economic ties with Russia, so it will expire at the end of the year. Ukraine earns transit fees worth 0.5% of the war-torn country’s gross domestic product (GDP).
Some analysts believe that the volumes of Russian gas via Ukraine to Austria could be nearly halved if the row with Gazprom were to worsen, as OMV’s next payment is due on November 20.
“OMV may withhold this next payment, which would be around €213 million, but this could trigger Gazprom in cutting that contract off immediately,” Tom Marzec-Manser, head of gas analytics at consultancy ICIS, told the Financial Times.
The termination of the transit deal could further disrupt Russian gas supplies to EU countries that rely on this route.
The European Union is working on alternatives, including a possible gas swap deal with Azerbaijan that could see EU countries continue to buy Russian gas without having to negotiate with the Kremlin. Critics say the proposals would undermine Western sanctions on Moscow and continue Europe’s dependence on Russian energy.
For now, Russian gas is still flowing to the European Union. Russian news agency TASS on Monday cited Gazprom as saying that overall supply to Europe was unchanged, suggesting that new European buyers had been found.
The Reuters news agency reported that Austria’s gas was likely being diverted to Slovakia, Hungary and the Czech Republic, with smaller volumes going to Italy and Serbia.
Edited by: Uwe Hessler
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Publish date : 2024-11-18 16:01:00
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