Matter

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)

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.
Mentioned in judgment
2 months and 18 days later · 79 days
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.
Mentioned in judgment
4 months and 6 days later · 126 days
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.
Mentioned in judgment
3 years, 4 months and 17 days later · 1236 days
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.
Supporting details
5 authorities · 2 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
Direct judgment

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