Cooperative of the Mooring Services of the Ports of Marseille and the Gulf of Fos v Cruise Invest One (French Court of Cassation, 4 October 2005)

Procedural record

1. 24 October 2001Gibraltar

   24 October 2001Gibraltar

   Decision of the Supreme Court of Gibraltar dated 24 October 2001 ordering judicial sale of the vessel

   Supreme Court of Gibraltar

   Decision summary

   The Supreme Court of Gibraltar ordered the judicial sale by public auction of the vessel Renaissance One.

   2 months and 18 days later · 79 days

2. 11 January 2002France

   11 January 2002France

   Order of the President of the Marseille Commercial Court dated 11 January 2002

   Marseille Commercial Court

   Decision summary

   The President of the Marseille Commercial Court authorised the cooperative's conservatory seizure of the vessel Renaissance One for its claim arising from mooring and unmooring services.

   4 months and 6 days later · 126 days

3. 17 May 2002France

   17 May 2002France

   Judgment of the Aix-en-Provence Court of Appeal dated 17 May 2002

   Aix-en-Provence Court of Appeal

   Decision summary

   The Aix-en-Provence Court of Appeal lifted the conservatory seizure after accepting that Cruise Invest One acquired the vessel through the Gibraltar judicial sale.

   3 years, 4 months and 17 days later · 1236 days

4. 4 October 2005France

   4 October 2005France

   Judgment of the French Court of Cassation, Commercial, Financial and Economic Chamber dated 4 October 2005

   French Court of Cassation, Commercial, Financial and Economic Chamber

   Decision summary

   The Court of Cassation dismissed the cooperative's appeal and held that the Gibraltar judicial sale produced effects in France as a legal fact, without prior recognition or exequatur, so Cruise Invest One acquired the vessel through that sale. It also held that the cooperative could not conservatorily seize a vessel no longer owned by its debtor because its maritime claim was not against the current owner and its French maritime privilege had expired through the judicial sale.

   Participants

   Cooperative of the Mooring Services of the Ports of Marseille and the Gulf of Fos

   Cruise Invest One

   French Court of Cassation, Commercial, Financial and Economic Chamber

   Authorities cited

   5

   • Brussels Convention dated 27 September 1968
     treaty
   • Brussels Convention of 10 May 1952
     treaty
   • French Law of 3 January 1967
     statute
   • Decree dated 27 October 1967, as amended by the Decree dated 24 February 1971
     statute
   • French Code of Civil Procedure
     statute