Spanish case against ABS dismis

SPANISH CASE AGAINST ABS DISMISSED

A US federal court has dismissed claims for damages filed by Spain against US-based classification society American Bureau of Shipping in relation to pollution caused by the sinking of the tanker Prestige in November 2002. District Judge Laura Swain has ruled that Spain must take its claims to its own courts.

The Spanish case was that ABS was was negligent when it surveyed the 26-year-old, single-hulled tanker six months before the sinking. ABS has countered that Spain was at fault in not allowing the Prestige to take refuge in sheltered waters.

ABS also claimed that the International Convention on Civil Responsibility for Pollution Damage (CLC) which had been signed by Spain but not the US disallowed Spain from making the claim.. The Prestige, was sailing under the Bahamas flag, and the Bahamas also had signed up to the CLC.

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