On 16 May 2024, the respondent, SY RORO 2 Pte Ltd, was authorised by the enforcement Judge of the Montpellier Judicial Court to seize the vessel IDV as a precautionary measure at the port of Sète to secure its claim provisionally assessed at the sum of EUR 63,000.

The appellant, Cia Italiana di Navigazione SpA, brought an action before the Judge to order the lifting of the precautionary seizure of the vessel and the retraction of the arrest order, and to order the respondent to pay EUR 6,228 per day until its release in damages, arguing that the respondent had already arrested the same vessel on 1 May 2024, and that art 3.3 of the Arrest Convention 1952 prohibited a vessel from being seized more than once in the jurisdiction of one or more of the contracting States, for the same claim, and by the same claimant.

In a judgment delivered on 4 June 2024, the Judge held that there was no reason to retract the arrest order and dismissed the appellant's application for the lifting of the precautionary seizure.

The appellant appealed.

Held: The appeal proceedings have been terminated by the appellant.

According to the provisions of art 394 of the Code of Civil Procedure, an applicant may withdraw its application in any matter in order to terminate the proceedings.

In this case, the appellant has expressly stated its intention to terminate the proceedings in accordance with its submissions. Its unreserved withdrawal was not preceded by either a cross-appeal or an incidental application. Consequently, the proceedings are now terminated.