Decisión nº: 001286

In April 1998 the 1971 Fund Executive Committee noted that the Court of Appeal had rendered its judgement in March 1998, and that the Court had held that the 1969 Civil Liability Convention applied to the incident, since the criterion for applicability was the place of the damage and not the flag State of the ship concerned. It was also noted that the Court had further held that the Convention applied to the direct action by the Fund against the insurer, and that this applied also in respect of an insurer with whom the shipowner had taken out insurance although not have been obliged to do so, since the ship was carrying less than 2,000 tonnes of oil in bulk as cargo. It was noted that the case had been referred back to the Court if first instance which would have to decide on the merits of the case as regards the direct action taken by the Fund against the insurer.

Fecha: 31.03.1998
Categorías: Aplicación de los Convenios, Acciones judiciales
Subjects: Cuestiones jurisdiccionales, Acción directa contra los aseguradores, Cuestiones jurisdiccionales, Acciones judiciales contra los propietarios de buques