The Contentious-Administrative Chamber of the TSJC, based in Las Palmas, has upheld the appeal filed by Puertos Canarios, overturning the previous ruling by the Court of First Instance number 1 of Las Palmas de Gran Canaria, which had initially favored Cargo Lanzarote. The judicial decision considers it proven that the shipping agent company was warned of the meteorological risk before the storm and failed to take effective preventive measures.
The litigation originated from resolutions issued in July 2022 by the president of Puertos Canarios, demanding payment from the shipping agent for the costs incurred in removing the sunken vessels and for the damages caused to public port facilities. The sentence rules in favor of the port authority on second instance, validating the pier rehabilitation works undertaken by the public administration.
The events date back to February 28, 2018, when Storm Emma caused several vessels intended for maritime works, belonging to the fleet operated by K-Marine Co. Ltd., to sink in the port of Gran Tarajal. Cargo Lanzarote acted as the shipping agent for these vessels. The court notes that the port authority had previously requested the shipowner and the shipping agent to take safety measures in anticipation of adverse weather conditions, requests that, according to the Chamber, "were not effectively addressed."
The sinking of the fleet resulted in polluting spills and "serious damage" to port facilities. Due to the inaction of those responsible, Puertos Canarios undertook the work of removing debris, containing spills, and repairing damages. The TSJC rejects the claim as a civil non-contractual liability subject to a one-year statute of limitations, concluding that the obligation stems from port regulations, which require those linked to the vessel's operation to bear the costs and damages caused.
The ruling recalls that an administrative resolution from April 2018 had already declared the responsibility of the shipowner and the shipping agent, which was notified to Cargo Lanzarote and became final as it was not appealed by the company. Therefore, the Chamber considers that the resolutions challenged in this procedure do not re-declare responsibility but merely quantify the amounts owed. Consequently, it rejects the company's attempt to indirectly reopen a debate that had already been settled administratively and judicially. The TSJC also dismisses the force majeure defense, considering that the storm could not be classified as unforeseeable due to prior weather warnings and express administrative requests for preventive measures.
The shipwreck of the barges Taegil 1 and Taehung 2 in Gran Tarajal caused a wave of indignation and concern. In October 2018, eight months later, Puertos Canarios reported on the transfer of debris from the Taegil 1. The recovery of port space was linked to improvement works with a budget of 600,000 euros and the prospect of receiving a cruise ship call.
