This was an appeal in cassation against the judgment of the Aix-en-Provence Court of Appeal, 10 March 1987. Lauzeta Shipping Corp (Lauzeta), to whom the Compagnie Nationale Algérienne de Navigation (CNAN) was liable for an amount of freight, proceeded with the arrest of the Tipasa by virtue of an order issued by the President of the Commercial Court. The arrest took place shortly before the departure of the ship, when the passengers and vehicles were already on board. CNAN summoned Lauzeta before the summary Judge, arguing that it had not been able to provide a bank guarantee because the day of the ship arrest was a public holiday, and requesting authorisation to allow the Tipasa to leave, or for the 'transfer' of the arrest to another vessel.

Lauzeta criticises the judgment for having granted the request for 'transfer' of the ship arrest to another vessel. Article 5 of the Arrest Convention 1952 exclusively authorises the release of arrest against a sufficient deposit or guarantee. By authorising the 'transfer' of the arrest to another vessel at the request of the debtor, the Court of Appeal violated this provision. Article 5 [sic: art 3.1] of the aforementioned Brussels Convention authorises the arrest of a vessel ready to set sail, whether or not the claim relates directly to the voyage in preparation or in progress. By forcing the creditor to exercise arrest on a docked ship, the Court of Appeal violated this Convention by refusal of application.

Held: Appeal dismissed.

By deciding not to release the arrest, but only to replace the arrested vessel with another vessel of the debtor located in the same port, considering that such a measure 'kept intact the advantages of the arresting party', and that it was opportune, the Court of Appeal legally justified its decision.