Legrant proved the unlawfulness of the collection of fees for the special service after the ice-campaign completionSeptember 21, 2020 · News
Legrant has successfully protected the rights of the marine agent in the regard to unlawful collection of fees for the ensuring of ice-breaking services in excess of 48 000 USD.
There was the ice-campaign during 3th and 4th February in the Mariupol seaport, where the Client acted as an marine agent. Marine agent paid for the service of “ensuring of ice-breaking services” connected with the relevant vessel call before the ice-campaign was started. Other vessels provided by the Client have entered/left the port after the ice-campaign.
Despite that, Ukrainian Sea Ports Authority (USPA) issued to the agent the invoices in total amount of 48 000 USD for the 6-19 February period, when the ice-campaign had been already completed.
The case complexity was expressed in the interpretation of the Order`s №1059 provisions.
During the court proceeding the lawyers proposed the approach to interpretation of the provisions which corresponds to established rules of legislation techniques. The court approved the legitimacy of the Client`s position and granted his claims in full.
“It`s the special category of disputes with the USPA when it wrongly interprets the legislation and imposes the additional groundless costs on the shipowners/marine agents. We appreciate the courts` readiness to precisely analyze the peculiarities of the interpretation and make the decisions in favor of business”, - managing partner Tatyana Titarenko explains.