Decision ID: 001722

In June 2005 the 1992 Fund Executive Committee noted that in May 2005 the Criminal Court (in its role of investigating the cause of the incident and potential liabilities) had declared that the shipowner might be directly liable for the damage caused by the incident and ordered the shipowner to provide the Court with security for £60.5 million (the amount the Spanish Government had paid in compensation) in addition to the limitation amount applicable to the Prestige, which the shipowner had deposited with the limitation court. It was noted that the Criminal Court had appeared to have based its decision on Spanish criminal law without taking into account the relevant provisions of the 1992 Civil Liability Convention, which formed part of Spanish law, in particular Article III.4 which prohibited claims for compensation against the shipowner otherwise than in accordance with the Convention. It was further noted that, since the Fund was not a party to these proceedings, it could not appeal against the decision.