LEGAL OPINION – Maritime liens / Auction / St Vincent Flag

Where an auction of a vessel takes place in Greece, the existence of maritime liens is acknowledged where the maritime lien invoked is considered as such by both the flag-state of the vessel and Greece.

The ranking will be defined by the law of the place of auction, as this is a procedural matter.

Costs for the maintenance of the vessel in the last port of call and after the seizure are vested with a maritime lien under Greek law, however not the ones before a seizure.

Further, supplies to the vessel are vested with maritime lien under St. Vincent law, but not under Greek law.

Creditors who assisted in the maintenance of the vessel before seizure and suppliers sought maritime lien ranking. In view of the above, their requests were rejected.

Piraeus One membered Court of Appeal Judgment no 191/2017, Judge: Z. Karachaliou, Attorneys at law: G. Michailidis, P. Patouliotis, Maritime Law Review vol. 45, P. 345.

NOTE: Above Greek law maritime lien was provided prior to law amendments in 2012, however, it was applied because the claim arose prior to the amendment. Further, maintenance costs after seizure enjoy maritime lien as they preserve the vessel’s value in view of the action.