Decision ID: 001419

In June 2001 the 1992 Fund Executive Committee noted that the 1971 Fund had commenced legal action under a special procedure directly before the Supreme Court of Cassation requesting the Court to decide that Article 5.3 of the Brussels Convention did not apply to the action by RINA SpA and Registro Italiano Navale against inter alia the 1992 Fund, since it related to a declaration of non-liability. It was noted that subsequently the French Government and four companies in the Total Group had taken corresponding actions. The Committee noted that if the actions before the Supreme Court of Cassation succeeded, the actions on the merits of the case before the Court in Syracuse would be discontinued and that the Fund had therefore requested the latter Court to suspend the proceedings before it pending the Supreme Court’s decision.

Categories: Application of the Conventions, Legal actions
Subjects: Jurisdictional issues, Jurisdictional issues