Marr SpA (the plaintiff) sought to enforce a claim for pilotage against the MV European Stars and requested its arrest under art 1.1.k of the International Convention Relating to the Arrest of Sea-Going Ships 1952 (the Arrest Convention 1952). The Court in Barcelona, Spain, admitted the petition and arrested the ship. The same vessel was the subject of proceedings for the enforcement of a mortgage initiated by Crédit Agricola Indosuez against Gie Dream Bail, in another Court in Barcelona. The latter Court ordered the release of the vessel from arrest, and the former arresting Court did not oppose the release. Marr SpA filed a lawsuit claiming judicial error on the part of these Courts before the Tribunal Supremo/Supreme Court (SC). The main argument was that the Court released the ship from arrest without considering that Marr SpA's claim was protected by a maritime lien. As such, its lien followed the ship even after the change of ownership, according to art 8 of the Maritime Liens and Mortgage Convention 1926 (the MLM Convention 1926).

Held: The SC dismissed the lawsuit. The SC stated that as this arrest was executed after the enforcement of the mortgage, the lower Court applied the appropriate procedural rule which orders the cancellation of all register entries or encumbrances subsequent to a judicial sale. The correctness of the analysis of the lower Court regarding the cancellation of subsequent register entries or later charges or encumbrances, and the release of the arrest, which in fact involves the immobilisation of a ship, according to art 1.2 of the Arrest Convention 1952, cannot be decided in these review proceedings. It can also not be decided anew in these review proceedings whether Marr SpA's credit has the character of a maritime lien and can be enforced against the ship regardless of the change of ownership.