News , Matters
Gernandt & Danielsson has successfully represented Baltic Cable – the Supreme Court rules in favour of the company in international maritime case
Gernandt & Danielsson has represented Baltic Cable AB in a complex case regarding maritime damages concerning substantial loss suffered when a ship damaged the client’s underwater electrical cable between Sweden and Germany. On 14 November 2023, the Supreme Court ruled in favour of
Baltic Cable and one of the counterparties was ordered to pay approximately 11 million euro to Baltic Cable. The question tried by the Supreme Court was who was to be considered liable for compensating the loss suffered.
The decision includes several interesting considerations relating to shipowner (Sw. redare) liability, and the Supreme Court clarifies that the term shipowner isn’t a uniform concept, but can vary depending on circumstances, and that someone who acts as shipowner needs to be able to trace their capacity from the vessel owner.
Svante O. Johansson, Justice of the Supreme Court, says in a press release:
” – It isn’t always easy to decide who is the shipowner […]. Today there is often a division between different shipowner functions and the question of who is liable is determined by an overall assessment of the circumstances. The one who handles the majority of the typical shipowner functions will be considered to be the shipowner, he concludes." [Our translation] [1]
Partner Björn Tude and senior associate Oscar Nyrén represented Baltic Cable, assisted by senior associate Caroline Gulliksson Dock.
The Supreme Court’s decision in Swedish can be found here.