SAS Dune (Dune) decided to build a competition trimaran, then to have it participate in various races. Dune approached MZ, a French navigator and professional skipper, in order to offer him a long-term collaboration including his participation in the construction of the trimaran, and his participation in the races on this boat.

However, before the first race, Dune's managing director announced Dune's decision to withdraw from the project. The boat was then chartered to another party. Considering that the termination of the collaboration had caused him harm, MZ claimed EUR 250,000 from Dune.

MZ then had the boat arrested by the Commercial Court of Lorient. The boat was subsequently released against a bank guarantee of EUR 300,000. Dune's claim for damages for wrongful arrest was dismissed.

Dune appealed to the Court of Appeal.

Held: Appeal dismissed.

According to art 1 of the Arrest Convention 1952, a maritime claim includes the allegation of a right or a claim based on the following causes: 'pilotage' (art 1.1.j) and 'wages of Masters, Officers, or crew' (art 1.1.m).

The allegation of a loss of profit due to the breach of an oral contract comprising conveyances, technical assistance during maintenance, preparation of the boat, and participation in races, falls within the provisions of the provisions of art 1 of the Convention. MZ therefore has a maritime claim against Dune.

In terms of arts 4 and 5 of the Convention, any plaintiff holding a maritime claim may seize the vessel to which that claim relates with the authorisation of a Court. That is the case here, the seizure having been authorised by order of the President of the Commercial Court of Lorient. The general provisions of the Code of Civil Enforcement Procedures then give way to the special provisions of the Arrest Convention.

Article 5 of the Convention provides that a sufficient guarantee may be substituted for the seizure. Consequently, the judgement below is confirmed in that it ordered the release of the seizure and ordered the implementation of a bank guarantee of EUR 300,000.

Mr MZ cannot be accused of abusive proceedings and the judgment of the Court below is also confirmed in this respect.

[For the succesful cassation appeal to the Court of Cassation, see Société Dune v ZI, 20 décembre 2023, Cour de cassation, Pourvoi n° 22-23.068 (CMI2363).]