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Porsche wins legal dispute with MOL over “Felicity Ace” fire

The Stuttgart Regional Court has dismissed a claim for damages against Porsche in the “Felicity Ace” case. The cause of the fire on the car transporter, which sank in 2022, remains unclear.

Porsche has been successful in a legal dispute over the sinking of the “Felicity Ace” car transporter. The Stuttgart Regional Court dismissed a lawsuit against the sports car manufacturer. The plaintiffs had demanded around €30 million in damages. According to the report, the plaintiffs included the Japanese shipping company Mitsui O.S.K. Lines (MOL) and five hull insurers. They claimed that the lithium-ion battery of a Porsche Taycan had self-ignited, causing the fire on board.

However, the court did not consider this allegation to be proven. The burden of proof lay with the plaintiffs. The regional court was not convinced that a vehicle from the German luxury car brand or the battery of a Taycan was the cause of the fire.

The “Felicity Ace”, sailing under the flag of Panama, was operated by MOL. The PCTC with a capacity of 6,400 CEU was built at Shin Kurushima Dockyard in 2005. The ship caught fire on February 16, 2022 around 90 nm southwest of the Azores island of Faial. It was traveling from Emden to the US East Coast to North Kingstown.

On board were around 4,000 vehicles from the VW Group brands Porsche, Bentley and Audi. The cargo is said to have included more than 100 electric Porsche Taycans. The 22 crew members were rescued. They were picked up by another ship and then taken to Horta on Faial.

Shipwrecked vessel sank while being towed off the Azores

The extinguishing work proved difficult at the time. Initially, emergency services were unable to board the ship because the situation was too dangerous. According to reports at the time, the electric cars on board also proved to be a problem when fighting the fire, partly because lithium-ion batteries cannot be extinguished with water.

The “Felicity Ace” could not be rescued. According to the Portuguese Navy, the stricken vessel lost stability during the towing process and sank on March 1, 2022 around 25 nm outside the Portuguese Exclusive Economic Zone. The water depth at the sinking site is around 3,000 m.

Shortly after the accident, experts assumed that the ship would be classified as a total loss. In view of the high-value cargo, the total insurance loss was estimated at between 400 and 500 million dollars.

Cause of fire still unclear

The case had triggered a broad discussion in the shipping industry about the risks involved in the maritime transportation of vehicles with lithium-ion batteries. According to the report, the cause of the fire has still not been publicly clarified. According to the Portuguese navy, wreckage and a small oil slick were found at the scene of the accident after the sinking. The Portuguese Maritime Administration’s Pollution Control Directorate and the European Maritime Safety Agency (EMSA) monitored the situation.

The ruling from Stuttgart is not yet final and can be appealed. In addition, further proceedings are underway at the Braunschweig Regional Court. There, plaintiffs are claiming damages of several hundred million euros from Porsche and logistics companies of the Volkswagen Group.

In the legal dispute over the "Felicity Ace" fire, the allegation of a self-ignited Taycan battery (pictured) remained unproven (© Porsche)
In the legal dispute over the “Felicity Ace” fire, the allegation of a self-ignited Taycan battery (pictured) remained unproven (© Porsche)

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