LEGAL OPINION - Collision

Published 15 November 2019 by Manolis Eglezos & Associates

In a collision in Greek territorial waters, the Brussels International Treaty 1911 applied. The Treaty provides for the limitation of liability of a liable party, through the creation of a liability fund. This is established with the Court or any other competent authority, in a state where a lawsuit is filed for claims which are subject to limitation. Creation of the fund has considerable impact, as where it is created by one debtor entitled to limitation of liability, it extends to all debtors for claims arising from the same incident, provided they can also limit their liability.

Piraeus Court of Appeal Judgment no 748/2018, President: D. Tsoutsani, Rapporteur Judge: Ch. Saramandi, Attorneys at law: A. Xirokosta, Eir. Kroupa, Maritime Law Review vol. 46, p. 112.

NOTE: In the case of the creation of the fund, pursuance of claim satisfaction against the debtor personally is not permitted.