The applicant Multivintax Corp SL challenged the list of creditors of the insolvent company Gaudi Catamarans SL, arguing that a maritime lien in the amount of EUR 317,244.93 should be recognised in its favour.

The applicant argued that all of its claims were privileged by virtue of arts 4 and 6 of the MLM Convention 1993, read with arts 1-4 of the Arrest Convention 1999. The insolvency administration maintained that the applicant's maritime claims were to be ranked as ordinary claims. Specifically, the applicant claimed for payments which it had made on behalf of the insolvent company of leasing fees, boat maintenance, utensils, food/drinks, activities, insurance, appraisal and, fundamentally, management fees.

Held: Application dismissed.

The insolvency administration is correct in pointing out that not all maritime claims have privileged status. The Law on Maritime Navigation (the LNM) refers in arts 122 and 470 to the MLM Convention 1993 and the Arrest Convention 1999. It can be deduced from art 9 of the Arrest Convention 1999 that there are some privileged maritime claims and other non-privileged ones.

Maritime claims in general empower their holder to obtain preventive arrest of a ship as a precautionary measure (art 3 of the Arrest Convention 1999). However, not all of these maritime claims grant the holder a maritime lien (art 9 of the Arrest Convention 1999) but only those listed in the aforementioned MLM Convention 1993. Only those claims listed in art 4 of this Convention enjoy a degree of preference.

As the insolvency administration points out, this list of maritime liens is closed; and, to ensure the successful priority of lienholders, it must be interpreted restrictively. Therefore, maritime claims that are not included in this list do not enjoy this privilege.

So, in view of the fact that the applicant's maritime claims are not included in the MLM Convention 1993 list, it is appropriate to dismiss the applicant's challenge and to order it to pay costs.