SpainÆs suit against ABS dismissed
A lawsuit filed by Spain's government against the American Bureau of Shipping, growing out of the 2002 sinking of the oil tanker Prestige, has been dismissed by a U.S. District Court in New York.
Judge Laura Swain granted the Houston-based classification society summary judgment, ruling Spain must pursue its claim against ABS in its own courts, not in the United States.
Swain said Spain filed suit against ABS, claiming “wrongful conduct on the part of ABS in connection with the classification, certification, and inspection services” of the Bahamian-flag Prestige, which was 26 years old at the time of the sinking.
On the other hand, she noted ABS countered that “the sinking of the Prestige could have been avoided but for Spain’s handling of the disaster.”
After the tanker suffered structural failures that resulted in the discharge of large amounts of fuel oil off the coast of Spain, it sought permission to seek refuge in Spain or another European port, but was refused entry.
Turned back to sea during a storm, after several days the Prestige broke in two and sank off the coast of Spain, discharging millions of gallons of fuel into the environment.
ABS claimed it was protected from Spain’s pollution damage claims under the International Convention on Civil Liability for Oil Pollution Damage (CLC), to which both Spain and the Bahamas were signatories, and to which the United States was not.
Swain agreed, noting that the treaty provides that where an incident has caused pollution damage “actions for compensation may only be brought in the courts of any such contracting state or states.”
“Because the United States is not a signatory to the CLC, the United States is not bound to respect its provisions,” she wrote. “Spain, as a signatory to the CLC, is bound by CLC’s provisions and, therefore, must pursue its claims under that convention in its own courts.”
ABS also argued that as a party performing services for the tanker owner under the treaty, it could not be sued “unless the damage resulted from their personal act or omission, committed with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.”
Stuart Wade, a spokesman for ABS, said Swain’s decision was a victory for ABS and all class societies because it recognized that they are protected under this clause in the CLC. ' Chris Dupin
Spain’s suit against ABS dismissed
