This was an appeal in cassation from the Aix-en-Provence Court of Appeal, 21 March 2005. According to the judgment under appeal, GIE ASA and its members, Maritime Agencies Barwil Pomme and Antinea Shipping Agency, having sent advances to Hyproc Shipping Co for ship management services, brought against the latter a claim for unpaid accounts and sought the arrest of the ship. The Court of Appeal judgment held that the claims of GIE ASA, Maritime Agencies Barwil Pomme and Antinea Shipping Agency were time-barred when they presented their application for conservatory seizure of the vessel.

Held: Cassation.

Considering arts 1 and 2 of the Arrest Convention 1952, the precautionary seizure of a ship can be authorised as soon as the plaintiff avails itself of a maritime claim within the meaning of art 1. The Court of Appeal therefore violated the aforementioned provisions. The judgment rendered on 21 March 2005 between the parties by the Aix-en-Provence Court of Appeal is therefore struck down and annulled, and the case and parties are returned to the position where they were before the aforementioned judgment was delivered. The case is remitted to the Aix-en-Provence Court of Appeal to be decided correctly.