This was an appeal in cassation against the judgment of the Douai Court of Appeal, 1 December 1997. The crew of the Turkish-flagged vessel Obo Basak sought and obtained its arrest in Dunkirk for enforcement of their wages claims. The Court of Appeal declared the French court incompetent to rule on their claims. The seafarers appealed.

Held: Cassation without referral.

Having regard to art 7.1.c of the Arrest Convention 1952, the Courts of the country in which the arrest was made shall have jurisdiction to determine the case upon its merits if the claim concerns the voyage of the ship during which the arrest was made. The Court of Appeal violated the aforementioned provision.

Given that there are grounds for cassation without referral of the head of jurisdiction, the Court of Cassation on an application of art 627.2 of the new Code of Civil Procedure is able to put an end to the dispute regarding jurisdiction by applying the appropriate rule of law.

For these reasons, the judgment under appeal is struck down and annulled in its entirety, and it is declared that there are no grounds for dismissal on the basis of jurisdiction, and that the French court is competent. The case and the parties are referred to the Douai Court of Appeal, differently constituted, but only for it to rule on the merits.