Two oil platforms will have to pay 1.4 million for the tow in the port of Granadilla

The Civil Chamber of the Supreme Court (TS) has rejected the appeal of two companies of the same group based in Bermuda, and specialized in offshore oil drilling, to pay 1.4 million to the company in charge of carrying out the tows in the port of Granadilla.

The owners of the platforms alleged that the entity that was demanding payment for the invoiced port services lacked legal title to do so, given that the tow was not “expressly” included in the agreed services or in the specifications.

Thus, in the first instance the Provincial Court concluded that it had the obligation to pay for the benefits known as standbydespite the fact that the owners of the towers indicated that there was never a contractual link, nor were prices agreed upon.

Therefore, the latter considered that the tugboat was not capable of demanding payment for a service that, according to their claim, “they never requested.”

In the first instance, it was already established that 726,500 euros and, on the other, 688,100 euros had to be paid to each of the platform owners, which adds up to the aforementioned 1.4 million, and also added interest.

The two facilities remained docked in the port of Granadilla from the end of 2017 to January 2018.

The company in charge of the towing alleged that the competent body in these matters is the Maritime Captaincy when establishing the special measures that must be applied for safety reasons, as occurred in this case in which the service was mandatory and the company I had permission to lend it.

The court rulings reproach the owners of the platforms for not taking into account that the Port Authority has a public nature and that it is also not a party to this process.

The courts ask that we not lose sight of the fact that what is claimed is remuneration for the provision of a service in a relationship between individuals, so that the real object of the discussion is to determine whether or not it has been fulfilled and whether It has been done under the legally established conditions.

The appellants alleged that the towing company obtained the concession in 1995, when the Port of Granadilla did not even exist, to which the courts added that it belongs to the Santa Cruz port system and that this function is mandatory.

It could be proven that the tug arrived in the capital of Tenerife at the end of November 2017 and the next day began operating in Granadilla until February 2018, necessarily providing a service to drilling vessels and platforms, such as those that now went to court. .

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