This was an action brought by the plaintiff against the defendant to claim EUR 9,582.80. This maritime claim derived from a contract for temporary mooring rights, signed by the defendant with the plaintiff, the company in charge of managing the Port Olímpic of Barcelona.
Held: Judgment for the plaintiff.
The status of the maritime claim arising from the unpaid invoices is afforded by the MLM Convention 1993. The status of the maritime claim means that a maritime lien linked precisely to this claim encumbers the ship, in accordance with art 122 of the Law on Maritime Navigation (the LNM).
Although in the present case, in accordance with the definition contained in art 57 of the LNM, the subject of this lawsuit is a 'vessel' [defined as any vehicle that lacks a full deck and has a length under 24 m, as opposed to a 'ship', defined in art 56, which is defined as any vehicle with the structure and capacity to sail on the sea to transport individuals or things, which has a full deck and a length equal to or greater than 24 m], art 6.2 of the LNM states that, unless there is a specific provision to the contrary, provisions in the LNM regarding 'ships' shall be construed to apply also to 'vessels'.