The German Federal Supreme Court (BGH) said that the destruction of the Nord Stream gas pipeline in 2022 was likely a "intelligence agency" operation directed by a foreign government. The BGH issued a ruling requiring the main suspect to continue detention.
The court's document - dated December 10, 2025 and announced on January 15, 2026 - rejects the appeal against the pre-trial detention order of the 49-year-old suspect, identified by the media as a former member of the Ukrainian special forces, Sergey Kuznetsov.
According to the current investigation situation, it is highly likely that the defendant participated in the pipeline bombing" - the court wrote, while emphasizing that "immunity does not apply to violent acts controlled by a intelligence agency".
The suspect is accused of leading a small group of Ukrainian elements to rent yachts and use commercial diving equipment to place explosives on pipelines in the Baltic Sea.
This person was arrested in Italy in August 2025 and extradited to Germany in November 2025. The federal prosecutor accused the defendant of carrying out acts of sabotage considered to threaten the constitutional order, by cutting off a key energy supply route.
The defense argued about "functional immunity", saying that in the context of the Ukraine-Russia conflict, pipelines located in international waters are legitimate military targets.
The BGH resolutely rejected this argument, affirming that Nord Stream mainly serves civilian purposes. The court ruled that this was a secret intelligence operation, the suspects could not be identified as fighters and Germany's sovereignty and "territorial jurisdiction" were affected.
The immunity under the general functions of state officials, which arises from immunity from sovereignty under international law, does not prevent the prosecution of the accused of Ukrainian nationality, in the event that this person participates in sabotage activities on behalf of a foreign state intelligence agency" - the court stated clearly.
Another suspect, identified as diving instructor Vladimir Zhuravlyov, was arrested in Poland at the end of September 2025 under the European Arrest Warrant. However, in October 2025, the Warsaw District Court rejected Germany's extradition request and ordered his release.
Russia expressed deep skepticism about the possibility that a small group, operating alone, could conduct such a sophisticated operation in the waters controlled by NATO, without direct support from a state.
Moscow also criticized the lack of transparency from Germany, accusing officials of using private "sacred offerings" to cover up the true nature of the 2022 attacks.
