Legrant proved the unlawfulness of the untimely held radiological control at the portJune 4, 2018 · News
One of the biggest port terminals of Odessa appealed to Legrant regarding the dispute with the State Ecological Inspection concerning the groundless non-performance of radiological control of the cargo.
Particularly, in January 2018 the Client on request of the charterer has loaded corn on the vessel and furher obtained the customs clearance of cargo. The loading has been finished long before the stipulated laytime was over. After the Bills of Lading have been issued the terminal asked the State Inspection to perform the radiological control.
However, the State Inspection completed the procedure only in 9 days, having cited to the absence of technological chart. As a result, the vessel went on demurrage.
Legrants' lawyers have analyzed the situation and appealed to Odessa Regional Administrative Court with a claim for recognition of State Inspections' omissions as being unlawfull.
The court noted that under the law the inspectors had to perform control in 30 minutes. After the control is performed, one of two stamps should be placed on Bills of Lading: “Radiological control – import/export is allowed” or “Radiological control – import/export is forbidden”. The State Ecological Inspection missed the deadline and stamped “allowed” only in 9 days. Also, the court emphasized, that the sense of radiological control is to check whether the cargo contains radioactive materials. Thus, the Inspection’s statement concerning the absence of the technological chart in the terminal could not justify the untimely held radiological control, since these procedures are not interconnected.
Therefore, the court supported the Legrants' position and fully granted the claim. This judgment is the first positive precedent in such disputes. It also gives a right to the terminal to submit an additional claim for recovery of all damages, in relation to demurrage.