SUCCESS IN GHENT COURT OF APPEAL: THE MS. “FLINTERSTAR” HAS TO BE REMOVED BY THE OWNERS AND CHARTERER

In the appeal proceedings initiated by the owners and charterer of the ms. “Flinterstar” against the decision of 8 December 2015 of the president of the Bruges commercial court, the Ghent Court of Appeal passed a judgment favorable to Astrea’s principals, the Belgian federal government, on 22 February 2016.

The Court of Appeal confirms the earlier ruling of the Bruges commercial court president: the owners and charterer of ms.“Flinterstar” have the obligation to remove the wreck. The argumentation developed by Marc Van Looveren and Ruud De Houwer on behalf of the Belgian federal government before the president of the Bruges Commercial Court, was now also followed by the Court of Appeal.

Indeed, the Court of Appeal rightly found, relying on the 1989 Wreck Removal Act, that the owner of a wreck can be forced by the competent authority to remove the wreck. Still, according to the Court, such removal can be ordered notwithstanding who will be held liable for the incident and notwithstanding which liability limitations may apply, as these questions will be dealt with by the judge ruling on the merits. The extensive argumentation by the opponents was dismissed by the Court of Appeal in a thoroughly motivated judgment.

The Court acknowledges the urgency of this matter and therefore ruled that the salvage contract needs to be concluded within 2,5 months from the date of service of the judgment. The Court of Appeal strengthens the verdict by imposing a non-compliance penalty of 300.000 EUR per day if the owners and charterer do not comply with this deadline.