Court confirms 7 million euro payment for ship sinkings in Fuerteventura

The court orders a shipping agent to cover the costs of vessel removal following the 2018 Emma storm.

Image of a mooring bollard in a Canary Islands port during sunset.
IA

Image of a mooring bollard in a Canary Islands port during sunset.

The High Court of Justice of the Canary Islands has upheld a ruling requiring a shipping agent to pay over 7 million euros for damages and the removal of vessels that sank in the port of Gran Tarajal during the Emma storm in 2018.

The First Section of the Contentious-Administrative Chamber has dismissed the company's appeal, confirming the administrative resolution from July 2022. The ruling overturns a previous lower court decision that had exempted the firm from paying the total sum of 7,153,703.78 euros.
The incident occurred on February 28, 2018, when severe weather conditions caused several maritime construction vessels to sink within the Fuerteventura port. According to the court, the port authority had issued prior warnings regarding the storm, requesting that those responsible reinforce moorings, a measure that was not effectively implemented.
Faced with the inaction of those responsible, Puertos Canarios took direct charge of removing the wreckage, containing spills, and repairing the damage to restore port operations. The Chamber emphasized that this payment obligation stems from specific port regulations rather than general civil liability, thereby rejecting the one-year statute of limitations argued by the defense.
The court rejected the force majeure argument, noting that the storm was foreseeable and that official warnings had been issued. The ruling also imposes legal costs on the appellant, concluding the judicial process regarding the liability for damages caused to public port infrastructure.