European holdings firm seeks fuel funds from tanker

A Netherlands-based banking firm has sued on behalf of its client against a vessel, alleging breach of contract.

Ing Bank N.V. of Amsterdam filed an admiralty and maritime lawsuit March 23 in U.S. District Court Eastern District of Louisiana against M/V Nave Cosmos IMO No. 9457024, citing breach of duty in a 2014 financial dispute.

According to the complaint, O.W. Bunker & Trading is in default of financial obligations to Ing, which include title and interests in the Nave Cosmos. Ing holds liens and assets that include the Nave Cosmos vessel via OW Bunker, the suit states.

The vessel, a chemical/oil products tanker, is owned, operated and chartered by three separate corporations, the suit states, and on Oct. 28, 2014, OW Bunker contracted to provide barging services to the Nave Cosmos near Skagen, Denmark. The contract stipulated delivery of marine fuels for the vessel, which the vessel received Oct. 29, the complaint says.

OW Bunker invoiced the Nave Cosmos for $262,931.76 for the fuel, to be paid by Nov. 28, 2014, but no payments have been made to either Ing or OW Bunker, the suit claims.

The grievance maintains Ing Bank is entitled to recover costs for the net amount due plus interest and delayed payment fees and the plaintiff also is entitled to arrest the vessel to satisfy Ing’s claim.

Ing Bank seeks: pre-judgment interest, costs, expenses; attorney fees; damages of $347,872.17; and other damages as deemed proper by the court. Ing is represented by attorneys James Bercaw and Laura Avery of King, Krebs & Jurgens in New Orleans.

U.S. District Court of the Eastern District of Louisiana case number: 2:15-cv-00890-LMA-SS.