This was an appeal brought by Sark Ekspres Shipping Agency Co Inc (Sark) against the order of the Court of first instance that the arrest of the Verve, owned by Nijverheid BV (Nijverheid) and bareboat chartered to Zoom SARL (Zoom), be lifted, and the guarantee provided by Nijverheid be returned. The Court held that Sark's maritime claim did not have the character of a maritime lien, and that the ship owned by Nijverheid could therefore not be arrested for Zoom's debts.

Held: Appeal partially upheld. The order for release is revoked, and the security reduced.

It is not disputed that the Arrest Convention 1999 is applicable to the case at hand. An arrest of a ship not owned by the person liable under the claim is permissible only if, under the law of the State in which the arrest is sought, a judgment made in relation to that claim can be enforced against that ship by its forced judicial sale. However, art 4.1.d of the MLM Convention 1993, which forms part of the Spanish legal system, includes among maritime liens 'claims for port, canal, and other waterway dues and pilotage dues'. These claims, as established in art 5 of the aforementioned Convention, have preference over registered mortgages, 'hypotheques' and charges, and according to art 9 are extinguished after one year has elapsed 'unless, prior to the expiry of such period, the vessel has been arrested or seized, such arrest or seizure leading to a forced sale'.

Consequently, a correct interpretation of the aforementioned provisions leads the Court to the logical conclusion that the arrest of a ship is only possible for debts contracted by the bareboat charterer when it comes to maritime liens included in art 4 of the MLM 1993.

Only some of the items in Sark's claims can be considered maritime liens falling within art 4.1.d of the MLM 1993. Thus, the arrested ship must only respond for USD 4,065.89, equivalent to EUR 2,951.43, an amount equal to the sum of the maritime liens, plus EUR 885.43 for the 30% provided for in art 571.1 of the Law on Civil Procedure for interest and costs, and therefore the substitute bond provided must be reduced to this amount.