A French court has reportedly upheld a lower court’s decision, convicting and fining shipping firm CMA CGM for contributing to the death of a captain who lost his post and committed suicide after his vessel was involved in a collision.
Agence France-Presse (AFP) reported that it had seen a copy of the verdict from the appellate court on February 8, some two weeks after the court had handed down its ruling.
According to AFP, the court had rejected CMA CGM’s appeal against the lower court’s decision in December 2020 which found that the shipping giant had contributed to the suicide. The shipping line was fined €100 000 (R1.9 million) at the current exchange rate. The court found that the lower court had “justified its decision and made an exact application of the laws”.
The court battle follows the collision of one of the world’s largest containerships at the time, the 157 000-dwt CMA CGM Laperouse, with a small coastal cargo ship, Thebe, in the North Sea off the coast of the Netherlands in December 2010. The vessel, which had a capacity of 13 000 TEUs, left the smaller 2 500-dwt vessel badly damaged.
The Thebe remained afloat and made it safely to port with the help of three rescue vessels, while the undamaged Laperouse was cleared to continue on its voyage.
An investigation found that one of the containership’s officers, who later resigned from CMA CGM, was responsible for the collision. The ship’s captain, Philippe Deruy, 47, was cleared of all liability.
CMA CGM allowed Deruy to remain on his vessel but ordered him to train a replacement and to leave his command when the vessel reached the Suez Canal. He had been assigned to what the court later labelled an “ill-defined post ashore”.
But on February 14, 2011, Deruy hanged himself in the basement of his apartment building in Nice, France.
AFP reported that the court had heard that Deruy had written in his suicide note: “I don’t have a future, and that, to me, is unbearable.” His mother, sisters, and brother filed a complaint a year later and the Marseille Public Prosecutor’s Office opened a preliminary investigation into his death.
It emerged in court that there had been an internal struggle within CMA CGM management after the collision. Most senior executives believed that Deruy should have kept his job as he had an excellent record and had previously been recognised for avoiding a serious accident in the Port of Tangier. However, CMA CGM CEO Jacques Saade, and the general manager of the shipping subsidiary, were in favour of his dismissal.
The court found in a 2020 ruling that CMA CGM had breached its obligation to ensure the safety and protection of Deruy’s physical and mental health. It noted in the ruling that the process leading up to his dismissal, including cancelled interviews, no timetable, and a lack of process following the company’s policies, had led to uncertainty for the captain.
The court ordered the publication of its 2020 judgement to create awareness in the maritime sector and to set an example to avoid a similar case in future.
