Decision ID: 001547

In February 2004 the 1971 Fund Administrative Council noted that in December 2003 the Court of first instance had rendered its judgement on the constitutional issue as to whether or not the 1969 Civil Liability and 1971 Fund Conventions had been correctly implemented into Estonain Law. It was noted that the Court had held that since the Government had ratified the 1969 Civil Liability Convention without prior approval by Parliament, the ratification procedure had been in breach of the Estonian Constitution and that therefore the Convention could not be applied in the case under consideration. The Council also noted that the Court had ordered that constitutional review proceedings should be initiated before the Supreme Court and that the 1971 Fund had submitted pleadings to the Supreme Court supporting the position taken by the Court of first instance.

Date: 01.02.2004
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