This was an appeal in cassation against the judgment of the Rennes Court of Appeal, 26 February 1992. Blohm & Voss, having carried out repairs on the ship Trident Beauty, which was chartered by Valencia, and having not been fully paid, was authorised by an order of the Commercial Summary Judge to arrest the vessel. United Arab Shipping, the shipowner of the Trident Beauty, requested the release of the vessel from arrest, relying in particular on the fact that another of its ships, the IBN X, had previously been arrested in Hamburg for security for the same claim.

The Court of Appeal refused to release the vessel. United Arab Shipping criticised the judgment for having rejected its request, on the basis that art 3.4 of the Arrest Convention 1952 only allows the protective seizure of a chartered ship during the charter, and that the Court of Appeal violated this provision.

Held: Appeal dismissed.

On an application of art 3 of the Arrest Convention 1952, the holder of a maritime claim arising during the time when the ship to which it relates was demise chartered can arrest the ship, even when the charter contract has ended. The Court of Appeal therefore decided correctly that the fact that the ship was 'returned' to its owner was not an obstacle to conservatory seizure of the vessel.