In 2005, 2006, and 2007, three ships, Safa II, Safa III, and Safa IV, were sold to SA SAFA pour la Pêche (SAFA). On 1 April 2019, Malta Fishing Trading Ltd (MFT) gave SAFA notice to settle its debt to MFT or return the ships. In the absence of payment or restitution, MFT summoned SAFA before the Civil Court of Malta, and in December 2020 obtained authorisation for the protective seizure of the three vessels by the enforcement judge of the Montpellier Judicial Court.

The precautionary seizure report was drawn up on 31 December 2020, and notified to SAFA on 8 January 2021. SAFA had X and MFT summoned before the enforcement judge, for the purpose of obtaining the release of the three vessels.

The enforcement judge dismissed SAFA's claims. SAFA appealed.

Held: The judgment of the enforcement judge is confirmed.

As to ship arrests, art L 5114-22 of the Transport Code provides that any person whose claim appears justified in principle may apply to the judge for authorisation to carry out a protective seizure of a vessel. The precautionary measure provided for by the aforementioned article only empowers the enforcement Judge to verify that the conditions of the measure are met, namely the allegation of a maritime claim. The Judge is not required to assess either the certainty or the possible prescription of the claim.

MFT relies in this case on a debt in respect of the financing of the vessels and the charter agreement, falling within the scope of art 1 of the Arrest Convention 1952, a claim appearing to be sufficiently founded in principle, given the production of the relevant contracts, the formal notice, and the proceedings on the merits initiated before the Maltese court.

The appellant raises pleas regarding a possible prescription of the debt, but also regarding the lapse of the ship arrest to the extent that MFT has already referred these matters to the trial Judge, namely the Court of Malta on 17 October 2019, which SAFA does not dispute.

Considering all of these elements, the judgment will be confirmed.