The appellant, Luxembourg company Société Medexlite SCP (Medexlite), was concerned with the purchase, sale, construction, fitting out, management, administration, and development of pleasure boats. The respondent, Luxembourg company M13 SA (M13), acted as an agent for yacht owners. Medexlite acquired a pleasure yacht, MQ, built in 2005, previously registered as MY Rahil in the Luxembourg register, which, following its deregistration on 1 April 2022, was registered in the Langkawi Malaysia register on 5 April 2023, with an expiration date of 4 April 2024. The beneficiary was Mr GH, a Russian national.

A freezing order was issued against the MQ, notified by French customs to the ship's master on 12 April 2022, pursuant to EU Regulation 269/2014. Since then, the vessel did not leave the Port of Marseille, leased by Sud Marine Shipyard. According to a management contract dated 1 September 2019, Medexlite had entrusted the upkeep and maintenance of the yacht to M13 for a fee. By a judgment of 11 June 2024, the Marseille Judicial Court ordered Medexlite to pay EUR 198,325.50 to Sud Marine Shipyard. This was paid by Mr GH.

M13 issued invoices for expenses for 2022 and 2023, which remained unpaid. Claiming a debt of EUR 3,220,000, M13 applied to the President of the Commercial Court of Marseille for authorisation to proceed with a precautionary attachment of the vessel in accordance with the Arrest Convention 1952. On 27 March 2025, this application was granted. On 6 May 2025, M13 filed a substantive claim against Medexlite. On 22 July 2025, Medexlite sought release of the vessel from arrest.

Held: Appeal allowed. Damages claims by both parties dismissed.

M13 requests confirmation of the appealed order. It relies on art 8.2 of the Arrest Convention 1952, which allows for the seizure of a ship and its maritime claim under the conditions of arts 1.1.k and 1.1.n, given that it incurred crew costs, fuel costs, mooring costs, and water and electricity consumption.

The precautionary seizure cannot be authorised. In its submissions to the Court in the dispute between Medexlite and Sud Marine Shipyard, M13 stated that its mandate had ended. The report of 17 November 2025, drawn up at the request of Medexlite, highlights that the vessel, abandoned without proper maintenance since the end of 2021 or continuous monitoring, poses a danger to itself (as corrosion is uncontrollable) and to its surroundings. The impact on the port is significant, both in terms of disruption to operations and environmental impact in terms of pollution. Consequently, the order of 18 September 2025, and the order of 27 March 2025, authorising the precautionary seizure of the vessel, must be overturned.