The claimant brought an action in personam for general and special damages for personal injuries, loss and damage suffered as a result of an accident which occurred on or about 6 October 2014 on board the Bahamas-registered Saipem 10000, allegedly owned by the defendant, while the vessel was in the EEZ and while the claimant was at the service of the defendant and was performing his duties.

The defendant protested the jurisdiction of the Court. Amongst other things, the defendant argued that, because the accident had occurred within the EEZ and in the light of the provisions of the Exclusive Economic Zone and the Continental Shelf Law 2004, Law 64 (I) / 2004 and arts 56 and 60 of the United Nations Convention on the Law of the Sea (UNCLOS), the Court had jurisdiction only when there is a connection between the accident and the exploration and/or exploitation of the coastal State's natural resources. In this case, the defendant argued that the allegations concerning the exploration and exploitation of natural resources of the Republic of Cyprus were not explicitly covered in the claimant's application.

Held: Defendant's protest to jurisdiction rejected.

The Court has jurisdiction to hear this case since it concerns an unlawful act committed in Cyprus and the Court of Justice is the competent court of law.

It is clear from the affidavit accompanying the claim, and also from the warrant of arrest itself, that the alleged incident occurred on the vessel in question, which was within the Republic of Cyprus' EEZ. It also emerges that at the material time the plaintiff was working as an engineer on that ship, and was also conducting investigations into the natural resources underlying the continental shelf of the Republic of Cyprus. According to international law, the continental shelf is a natural extension of the coastal state's territory to the sea, in this case the Republic of Cyprus. In this regard, art 76.1 of UNCLOS provides: 'The continental shelf of the coastal State shall comprise the sea-bed and subsoil of the submarine areas extending beyond its territorial sea during the natural prolongation of its territory to the outer edge of the continental margin, or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance.'