Company from Lanzarote sentenced to pay seven million for damages from a storm in Fuerteventura

The Contentious-Administrative Chamber of the Superior Court of Justice of the Canary Islands at its Las Palmas headquarters (First Section) has declared lawful the administrative resolution of July 25, 2022, which required the shipping agent Cargo Lanzarote, a company engaged in the transport of goods, to pay the expenses arising from the removal of several sunken vessels in the port of Gran Tarajal due to storm Emma, on February 28, 2018, as well as the damages caused to port infrastructures. The total amount of the damages amounts to 7,153,703.78 euros.

The Court has upheld the appeal filed by Puertos Canarios, and has fully overturned the judgment issued by the Contentious-Administrative Court number 1 of Las Palmas de Gran Canaria, which had ruled in favor of the company, exempting it from paying these sums.

Storm Emma in February 2018

The events date back to February 28, 2018, when, during storm Emma, several vessels intended for maritime works, belonging to the fleet operated by KMarine Co. Ltd., sank inside the port, with Cargo Lanzarote acting as the shipping agent.

According to the judgment, the port authority had previously warned of the forecast of adverse weather conditions and had requested the persons responsible for the vessels to take preventive measures, such as reinforcing moorings.

However, such measures were not effectively implemented, and the sinking also caused polluting spills and serious damage to port facilities. Inactivity Inactivity In the face of the inaction of those responsible, Puertos Canarios directly undertook the tasks of removing debris, containing spills, and repairing damages in order to restore the port's operability and protect the public port domain. Subsequently, it issued the resolution of April 2018, which declared the shipowner and shipping agent liable, a resolution that became final as it was not appealed by the company and was confirmed in the judicial process.

In its ruling, the Chamber holds that the claimed obligation does not derive from civil tort liability, but from a specific legal obligation provided for in the port regulations, which imposes on those involved in the operation of the vessel the duty to assume the costs of removal and the damages caused. Therefore, it dismisses the statute of limitations assessed by the court of first instance and states that the one-year period of the Civil Code is not applicable. The court also emphasizes that the now-challenged rulings do not review the already final declaration of liability, but are limited to quantifying the amounts owed.

In this regard, it warns that a debate already resolved administratively and judicially cannot be indirectly reopened, for reasons of legal certainty. Likewise, the Chamber rejects the force majeure allegation, considering that the storm was foreseeable and that there were meteorological warnings and prior requests from the Administration to adopt preventive measures. It also considers the damages and expenses proven by the documentation and reports included in the file.

The judgment orders the plaintiff to pay the costs of the first instance and also the costs of the appeal, with a maximum limit of 5,000 euros for all concepts.