Decisión nº: 003290

In March 2006 the 1971 Fund Administrative Council recalled that in 2002 an agreement had been concluded between the 1971 Fund, the Spanish State, the shipowner and his insurer on a global solution of all outstanding issues in the Aegean Sea case and that under this agreement the Spanish State undertook to compensate all the victims who might obtain a final judgement by a Spanish court in their favour which condemned the shipowner, the insurer or the 1971 Fund to pay compensation as a result of the incident. The Council noted that six claimants had not reached an agreement with the Spanish State on the amount of their losses and had pursued their claims in the first instance Court against the State, the master, the shipowner, the insurer and the 1971 Fund. It was also noted that the Fund had submitted pleadings to the Court to the effect that the Fund was not liable to compensate these claimants since the Spanish State had in the above-mentioned agreement with the Fund undertaken to compensate all victims of the incident with outstanding claims and that this undertaking had been approved by a Royal Decree. The Council noted that the Court had in December 2005 rejected the Fund’s argument on the grounds that the Royal Decree did not exonerate the Fund from responsibility vis-a-vis the victims since it related to a contract between the Fund and the Spanish State and that the State had not been authorised by the victims to reach an agreement on their claims with third parties.

Fecha: 01.02.2006
Categoría: Acciones judiciales
Subject: Acuerdos transaccionales