Decision ID: 001166

In April 2000 the 1992 Fund Executive Committee noted that in March 2000 the Tribunal de Grande Instance in Nantes had determined the limitation amount applicable to the Erika at FFr84 247 733 and had declared that the shipowner had constituted the limitation fund by means of a letter of guarantee issued by the shipowner’s insurer. It was also noted that the liquidator appointed by the Court had issued a public notice inviting claimants to present their claims for compensation within 30 days from the date of the notice, and that claims not presented within that period would be barred, which was not in conformity with the provisions of the 1992 Civil Liability Convention, which laid down a time bar period of three years from the date of the damage.

Date: 31.03.2000
Categories: Financial limits, limitation proceedings and indemnification, Time bar provisions, Legal actions
Subjects: Establishment of the shipowner's limitation fund, Interpretation/application of the time-bar provisions in Article VIII of the 1969 and 1992 Civil Liability Conventions and Article 6 of the 1971 and 1992 Fund Conventions, Limitation proceedings, subrogated claims and distribution of the shipowner's limitation fund under Article V of the 1969 and 1992 Civil Liability Conventions, Limitation proceedings, subrogated claims and distribution of the shipowner's limitation fund under Article V of the 1969 and 1992 Civil Liability Conventions