Decision ID: 001484

In October 2003 the 1971 Fund Administrative Council noted that out-of-court settlement discussions between the shipowner/insurer and the claimants had not been successful and that in May 2003 the claimants had requested the Court to refer the issue of the applicability of the 1969 Civil Liability Convention in Estonia to the Supreme Court for constitutional review. It was noted that since the Fund had taken the position that the Conventions had not been properly implemented in Estonian law, it had not opposed the claimant’s request. The Council also noted that the 1971 Fund had been notified in accordance with Article 7.6 of the 1971 Fund Convention of legal proceedings taken by the Estonian State against the shipowner to recover £179,000 in respect of clean-up costs, and that the 1971 Fund had submitted pleadings informing the Court that it had assessed the admissible quantum of the claim at £107,000, emphasising that the assessment was without prejudice to the Fund’s position on the applicability of the Conventions.

Date: 30.09.2003
Categories: Application of the Conventions, Legal actions
Subjects: Implementation of the Conventions into national law, Treaty/constitutional issues, Legal actions against shipowners, Treaty/constitutional issues