Reţinere de navă. Neîndeplinirea condiţiilor pentru reţinere

Vessel Retention. Failure to meet the requirements for retention

Abstract

The temporary retention of the ship may be ordered based on a maritime claim arising from its supply of fuel.

In the present case, the claimant does not request to retain the vessel which it supplied with fuel and has not submitted relevant documents showing that it is in the nautical ownership or management of the defendant company. Equally, the firm order of the defendant company addressed to claimant concerning the supply of the vessel C. with fuel was not enclosed. The fuel delivery note is signed by the commander of the vessel C., without including any indications enabling the shipowner or the operator of the vessel to be identified.

Therefore, none of the documents emanating from subjects of law other than the claimant certifies that the vessel C. belongs to the defendant shipowner and that the supply was made at the request or for the benefit of this...