Decision ID: 001154

In July 2000 the 1992 Fund Executive Committee noted that in April 2000 RINA SpA and Registro Italiano Navale, the certifying registry of the Erika, had brought legal action in the Court of Syracusa (Italy) against inter alia the 1992 Fund and had requested the Court to declare that they were not liable for the sinking of the Erika and for the pollution of the French coast, or for any other consequences of the incident whatsoever. It was noted that the plaintiffs had maintained that the Italian courts were competent in accordance with Article 5.3 of the 1968 Brussels Convention on Jurisdiction and Enforcement of Judgements in Civil and Commercial Matters. The Committee noted the Director’s view that it would be more natural if any action relating to the eventual liability of RINA SpA and Registro Italiano Navale were heard in the French Courts. The Committee endorsed the Director’s position and the steps taken by him to protect the Fund’s interests, in particular the decision to file legal actions against RINA SpA and Registro Italiano Navale in the Tribunal de Commerce in Vannes, the Tribunal de Commerce in La Roche sur Yon and the Tribunal de Commerce in Lorient, requesting the Courts to join the 1992 Fund in the proceedings commenced by the Conseil Général de Morbihan and others, and also requesting the Courts to suspend the proceedings until the results of the various investigations into the cause of the incident had been completed.