The litigation arises from a failed tourist expedition and the ruling, recently disclosed to the media, provides guarantees regarding the tourism operations of the Port of Las Palmas. On April 26, 2021, Danish company Airland Logistics A/S —represented by attorney Armando Curbelo Ortega and lawyer Enrique Rubio Socorro— decided to charter a cruise ship for an expedition trip to Greenland. To formalize the reservation, the Danish company transferred 1,080,000.00 euros as a deposit to the account of Blue Marine Corporation Limited, the entity responsible for managing the vessel. However, on the agreed date for the start of the service (July 1, 2021), the ship was never made available to the charterer, prompting a lawsuit for breach of contract and the claim for the money paid.
The defense of the owner and the payment structure
The lawsuit was directed against the shipowner, Canadian 3264741 Nova Scotia Ltd —represented by attorney Alejandro Alfredo Valido Farray and lawyer Daniel Bosch Wood. The defense of the Canadian company was based on denying any relationship with the plaintiff, claiming that ‘they had never maintained any commercial relationship’ with Airland Logistics and that they had not hired Blue Marine Corporation Limited as manager or ship manager. However, the documentary investigation revealed a flow of money that directly linked the owner to the deposit made. It was established that, after Airland Logistics’ payment to Blue Marine, Nova Scotia directly received various amounts or benefited from the payment of its debts to third parties:
Direct payments to Nova Scotia: €9,940 (April 2021), $100,000 (May 2021), and €68,943 (May 2021). Suppliers and legal services: £4,418.91 and £6,775.79 were paid to BWA Maritime Lawyers Gran Canaria for legal services for the ownership. €500,000 was paid to Astilleros Canarios S.A. (Astican), €50,000 to Reparaciones Navales Canarias S.A. (Zamakona), among others, for maritime services at the Port of La Luz.
The court, with Judge Juan José Cobo Plana as the rapporteur, dismissed the appeal of the Canadian company. The chamber emphasized that Nova Scotia could not explain why it received practically the entire credit if it was unrelated to the obligation. Furthermore, emails from its own lawyers at the time acknowledged the willingness to return the 1.08 million euros through a cancellation agreement.
The Provincial Court fully upheld the ruling of the Commercial Court No. 3 of Las Palmas, ordering Nova Scotia Ltd to return one million eighty thousand euros, plus legal interest and the payment of legal costs. This resolution reinforces legal certainty in charter operations based in the Port of Las Palmas, preventing international corporate structures from evading contractual responsibilities when benefiting from payments made.
News written by Gara Vega H. Edited and verified by Pedro Marrero. Information cross-checked without institutional filters. This analysis has not been funded by official advertising nor conditioned by lobby interests.
