Our involvement in ship seizures
The seizure of a ship is a compulsory execution procedure specific to maritime law. It allows a maritime creditor to detain a ship in port to ensure recovery of its debt. The procedure is regulated by the Transport Code and, in international disputes, by the Brussels Convention of 10 May 1952.
Our firm operates from Marseille, France's leading port, for maritime creditors who need to seize a vessel urgently, as well as for shipowners or owners whose vessel has been detained. We handle these cases in coordination with the court commissioners, port authorities and foreign correspondents when the dispute has a foreign element.
Article L5114-22 of the French Transport Code - Seizure of assets
Any person whose claim appears to be well-founded in principle may apply to the court for authorisation to seize a vessel. All that is required is proof of a maritime claim within the meaning of the Brussels Convention or the Transport Code. The vessel may be seized even if it is ready to sail.
| Precautionary seizure | Seizure and execution | |
|---|---|---|
| Condition | Claim appears to be well-founded in principle | Enforceable title (judgement, arbitration award) |
| Objective | Immobilise the vessel to obtain a guarantee or force negotiations | Forced sale of the vessel and distribution of the proceeds |
| Jurisdiction | JEX or president of the commercial court (on application) | JEX of the judicial court |
| Deadline | A few hours (emergency) | Order to pay 24 hours in advance, then lengthy procedure |
| Release | Against provision of sufficient security | Challenging the title or the procedure |
Seizing a vessel to recover your debt
You have an unpaid maritime debt: bunkering, repairs, freight, crew wages, collision compensation, port dues. The debtor does not pay and the ship is in port. A protective attachment allows you to immobilise the vessel in a matter of hours, without any prior writ of execution. This is a powerful lever: a detained vessel costs the shipowner several tens of thousands of euros a day.
The 1952 Brussels Convention facilitates this procedure in international disputes. In 2025, the Court of Cassation reiterated that the mere allegation of a maritime claim as referred to in article 1 of the Convention is sufficient to justify the right to seize the vessel (Cass. com., 10 September 2025, n. 24-12.424, published in the Bulletin).
Our firm handles
- Drafting and filing the application for protective attachment before the JEX or the president of the commercial court
- Execution of the seizure by the court-appointed agent in coordination with the port authorities
- Determining the applicable regime: 1952 Brussels Convention (foreign element) or Transport Code (domestic law)
- Negotiation of a bank guarantee (P&I Club letter of guarantee, consignment) in exchange for the release of the shares.
- Initiation of proceedings on the merits within one month (French law) if the seizure is precautionary
- The transition from precautionary seizure to foreclosure if an enforcement order is obtained
Stages in the precautionary seizure of a vessel
Application to the judge
Order
Seizure in port
Notification
Guarantee or fund
Your vessel is seized: what to do
Your vessel has been seized in the port of Marseille, Fos-sur-Mer or another French port. Each day of detention represents a considerable cost: demurrage, port charges, operating losses, contractual penalties. The speed with which we react is crucial.
There are several ways of obtaining release from seizure. Providing a guarantee (letter of guarantee from the P&I Club, bank guarantee) is the quickest way. However, contesting the seizure itself is sometimes the best strategy: lack of maritime claim, absence of link between the vessel and the debt, incompetence of the judge, or abusive seizure giving entitlement to damages.
Brussels Convention 1952 or Transport Code?
In the absence of a foreign element, the arrest of a ship is governed by the Transport Code, not by the Brussels Convention 1952 (Cass. 1re civ., 20 December 2023, n. 22-23.068, published in the Bulletin). This distinction is crucial: it determines the conditions of attachment, time limits and remedies.
Our areas of defence
- Dispute as to the existence or maritime nature of the claim asserted
- Request for release against provision of a guarantee (P&I letter, bank guarantee, deposit)
- Challenge to the jurisdiction of the judge who authorised the seizure
- Expiry of payment order (10-day period)
- Liability action for wrongful seizure (damages)
- Identification of a procedural defect: failure to notify, error as to the real owner (single ship companies)
Judicial sale of a ship
When the creditor holds a writ of execution and the debtor does not pay, the protective seizure may lead to an execution seizure and then to the forced sale of the vessel by auction. The judicial sale of a vessel is a lengthy procedure, preceded by a summons to pay (24 hours before the seizure), a seizure report, then advertising and a sale before the JEX.
The sale price is then distributed among the creditors according to an order of priority defined by maritime liens (article L5114-8 of the French Transport Code) and maritime mortgages. Preferential creditors - crew, custodian fees, port dues - come before mortgagees.
Our support
- Conducting the seizure and enforcement procedure: summons to pay, seizure report, publicity
- Preparation and representation at auctions before the JEX
- Distribution of the prize and management of the privileges rank and maritime mortgages
- Defending owners against forced sales: contesting title, grace periods
- Support for the buyer: auction strategy, verification of encumbrances, post-auction formalities, etc.
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