Decisión nº: 001913
In May 2006 the 1971 Fund Administrative Council considered whether claims by two fishermen’s unions on behalf of several thousand fishermen were time-barred in respect of the 1971 Fund. It was noted that in June 1997 the claimants had brought actions against the owner of the Plate Princess, that the Fund was not named as a defendant in these actions and that the 1971 Fund had only been formally notified of the actions in October 2005. It was also noted that the Venezuelan delegation maintained that the claims were not time-barred because a legal action had been brought against the shipowner in June 1997, i.e. within the three year time limit, fulfilling the requirements established by Article 6.1 and Article 7.6 of the 1971 Fund Convention. The Council noted the Director’s view that in order to fulfil the requirements set out in Artcle 6.1 to prevent a claim from becoming time-barred the claimant must, within three years of the date of the damage, either take legal action against the 1971 Fund or notify the Fund of an action against the shipowner and/or his insurer in accordance with Article 7.6 (Article 6.1 first sentence). The Council further noted the Director’s view that, even if a claimant had notified the 1971 Fund of an action against the shipowner and/or his insurer within that period, the claim was time-barred unless the claimant had taken legal action against the Fund within six years of the date of the incident (Article 6.1 second sentence). It was noted that in the Director’s opinion the claims were time-barred both under the first sentence and under the second sentence of Article 6.1 The Administrative Council decided that these claims were time-barred in respect of the 1971 Fund.