This was an appeal in cassation from the judgment of the Rennes Court of Appeal of 4 February 2014. On the orders of Fedcominvest Europe (Fedcominvest) in 2010 and 2011, Evrasia Bunker (Evrasia) delivered fuel to the SV Sergy and the ST Vasilios. Its supply debt remained unpaid. On 11 December 2013, Evrasia therefore obtained the protective seizure, in the port of Nantes, of the ship Ag Vartholomeos belonging to Blueshell Shipping Ltd (Blueshell). Blueshell appealed against the Court of Appeal's decision confirming the seizure of its ship.

Blueship argued that under art 3 of the Arrest Convention 1952, a creditor is authorised to seize the ship to which its claim relates or any other vessel belonging to the person which was, at the time when the maritime claim arose, the owner of the ship to which the claim relates. The Court of Appeal held that the detailed involvement of Fedcominvest in the management of the AG Vartholomeos and its contribution of funds for it designated Fedcominvest as the probable owner under cover of Blueshell, and justified the seizure of this vessel as security for a debt relating to two other vessels also belonging to Fedcominvest.

Blueshell contended that the Arrest Convention 1952 did not authorise the seizure of the vessel, recalling that the maritime claim must necessarily relate to the seized vessel and that it was important to demonstrate that the vessel whose arrest is sought belongs to the owner of the vessel to which the maritime claim relates. In other words, the AG Vartholomeos must belong to the owner of the vessels SV Sergiy and ST Vasilios. Blueshell contended that the claim of Evrasia did not concern the seized vessel AG Vartholomeos, but the SV Sergiy and ST Vasilios, and that according to the Equasis register of ships, the last two vessels belonged respectively to a Ukrainian company, Benedict Navigation Co, and to a Liberian company, Vasilios Navigation Co, and not to Blueshell or Fedcominvest.

Held: Appeal dismissed.

The Court of Appeal considered that the documents established that the fuel deliveries had been made by Evrasia to ships belonging to Fedcominvest, which had ordered them. The Court of Appeal further held that the numerous documents submitted by Evrasia to establish the fictitious nature of Blueshell did not have to be ruled out, no irregularity in obtaining them having been established.

The Court of Appeal was thus able to deduce that Blueshell was fictitious and that the Ag Varthomoleos in reality belonged to Fedcominvest, and could answer for the debt owed to Evrasia.