Decision ID: 001394

In October 2002 the 1992 Fund Executive Committee, recognising the difficulties, nevertheless decided to authorise the Director to challenge the shipowner’s right to limit liability under the 1992 Civil Liability Convention and to take recourse actions, as a protective measure before the expiry of the three-year time period, against the registered owner of the Erika (Tevere Shipping Co Ltd), the P&I insurer (Steamship Mutual), the manager of the ship (Panship Management & Services Srl), the time charterer (Selmont International Inc), the shipper (Total Raffinage Distribution SA), the seller of the cargo (Total International Ltd), the voyage charterer (Total Transport Corporation) and the holding company (Total Fina Elf SA (formerly Total Fina SA)). The Committee, recalling that actions had already been taken by the 1992 Fund against RINA SpA and Registro Italiano Navale in the Commercial Courts in Nantes, Vannes, La Roche sur Yon and Lorient, also decided that actions against RINA and Registro Italiano Navale should be taken in the same court as the actions against the above parties.

Date: 30.09.2002
Category: Legal actions
Subjects: Direct action against insurers, Legal actions against shipowners, Shipowner's right of limitation liability