This case arose from the arrest of the Belize-flagged Bagheera in Trogir (Article 952 of the Maritime Code);

Held: Appeal upheld. Ship arrest confirmed.

The applicants pointed out that the arrest was due to a harmful event that occurred on 23 June 2023, south of the island of Čiovo, due to the collision between the Bagheera and the fishing vessel Marita.

The applicants argued that the Republic of Croatia and Belize are signatories to the Arrest Convention 1952, so that the Convention applies to this case, in accordance with art 1.1.a of the Convention, and art 953.1.1 of the Maritime Code.

The applicants are registered in the Republic of Croatia, and the defendant has its residence in the United Kingdom, while the Bagheera flies the flag of Belize, which countries are parties to the Convention, and the Republic of Croatia is a party based on the notification of succession (Official Gazette - International Agreements No 1/92).

Under art 2 of the Convention, a ship flying the flag of a contracting State may be detained in the territory of a contracting State only for the purpose of a maritime claim. Article 1.1.a of the Convention defines a maritime claim as including a claim arising from damage caused by a ship in a collision.

Apart from the Convention, the procedural rules of the country in which the ship arrest is requested are applied. Article 951.1 of the Civil Procedure Act stipulates that before initiating or during civil, enforcement or administrative proceedings, a court may, for the purpose of securing the applicant's financial claim, order any measure that achieves the purpose of security, in particular the prohibition of alienation or other disposal of the ship, the custody of the ship and the detention of the ship, under the conditions established by the Enforcement Act, unless otherwise provided for by the provisions of this Code.

By the documentation submitted by the applicants, they have, in the opinion of this Court, made it probable that they have a monetary claim against the defendant. Accordingly, since the applicants' claim arose due to damage caused by a collision by the defendant's ship (art 1.1.a of the Convention, and art 953.1.1 of the Maritime Code), and since the parties are from different countries, the further assumption of the existence of a risk from art 344.3 of the Maritime Code is fulfilled, because the enforcement of the applicants' claims, which are located in the Republic of Croatia, against the defendant, whose residence is in the United Kingdom, would be significantly hampered or impossible.​