Seven Seas Yachting Ltd, the shipowner of the Celcascor, entered into a ship management contract with SARL Yachting Concept, entitled a 'vessel management contract', whereby the latter undertook to carry out all services for the operation of the ship in return for a fixed monthly fee. The shipowner failed to pay the fee. The ship manager ended the contract and requested authorisation to arrest the ship. This arrest was authorised by the Toulon Commercial Court on 16 October 2019. The shipowner applied for the release of the ship on the basis that the claims that were the cause of the arrest were not maritime claims within the meaning of the Brussels Convention of 10 May 1952.
Held: Application dismissed.
The Court decided that the ship manager's claim could, in this case, qualify as a maritime claim: the wages of the captain and crew were paid through the ship manager, who was also responsible for compliance with the social conditions required by French law. The ship manager was furthermore in charge of the accounting and the preparation of payments for supplies and services related to the operation and maintenance of the ship. Thus, the court considered that 'invoices relating to the crew or to the life and maintenance of the ship must be considered as maritime claims' within the meaning of the Arrest Convention 1952.