The seizure is authorized by an order issued on request by the competent maritime authority.
It may be granted if a maritime claim appears to be well-founded in principle.
Attachment prevents the departure of the vessel. It does not affect the rights of the owner.
The seizure is carried out in the hands of the ship’s captain by a bailiff, who draws up a report.
A copy of the report is addressed to the Port Captain of the competent maritime authority and the Consul of the flag State.
In his report, the bailiff states:
– The name, profession and address of the creditor for whom it is acting;
– The court decision authorizing the seizure;
– The amount of the claim justifying the seizure;
– The date of the payment order;
– The creditor’s election of domicile in the place where the competent judicial authority has its seat, and in the place where the vessel is moored;
– The name and address of the shipowner;
– The name, class, tonnage and nationality of the vessel.
In the minutes, the vessel’s boats, tackle and gear are listed and described, as well as its provisions and bunkers.
If the seized vessel flies the flag of a C.E.M.A.C. member state, the report of seizure is entered in the register kept by the competent maritime authority to which the vessel is registered.
This registration is required within seven days of the date of the report. This time limit is increased by twenty days if the place of seizure and the place where the register of registrations is kept are not located in the same C.E.M.A.C. member state.
The owner of the seized vessel or his representative may, within a period of one month from notification of the seizure to the captain, appeal to the interim relief judge for withdrawal of the seizure order. He may also, notwithstanding the seizure, apply to the competent court for authorization to sail the vessel under the conditions provided for in articles 112 and 113 of the law.
The competent maritime authority is the custodian of the seized vessel. In fulfilling his mandate, the custodian only assumes an obligation of means.
From the date of notification of the procès-verbal of seizure, and under penalty of nullity, the seizing party must, within one month, institute proceedings or complete the formalities necessary to obtain a writ of execution.
Any owner of a seized vessel who has obtained the release or retraction of the seizure may sue the distrainer for compensation for the loss suffered as a result of detention of the vessel if it is proved that the seizure was unjustified.
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