The Dover Straits ferry operator MyFerryLink (MFL) was set to continue its operations on the Dover-Calais route beyond 2nd July when, on 15th May, the UK Court of appeal overturned the decision of the UK Competition and Markets authority (CMA) to prohibit the company’s owners and operators Eurotunnel and SCOP from operating ferries out of Dover.

Back in February, MFL won permission from the Court of appeal to contest the CMA’s 10-year ban. According to CMA’s original ruling, Eurotunnel’s acquisition of SeaFrance back in June 2012 constituted a merger, and not a mere purchase of ships. However, Eurotunnel argued that it had acquired the assets of the defunct company, SeaFrance, in June 2012 following an open and public process. The company then subcontracted the operation of the ferries Rodin, Berlioz and Nord-Pas-de-Calais to an independent company, the SCOP SeaFrance. Competitor DFDS Seaways said that the decision made by the Court of appeals ran counter to the consistent findings of the UK competition authorities and specialist appeal body since 2012. The CMA had sought the permission of the Court of appeal to lodge an appeal, even though, if granted, it would be heard in the Supreme Court. However, the Court of appeal denied such permission following arguments presented by MyFerryLink’s legal team.

Following all of this, as of 28th May, Eurotunnel confirmed that the contract linking its subsidiary MFL with a worker’s cooperative providing crews for its ferries would not be renewed when it expired on 2nd July. Naturally Eurotunnel’s venture in to the ferry industry has not been a smooth one with three years of uncertainty overshadowing things. On 7th June the news broke that DFDS Seaways had submitted a binding offer to Eurotunnel for the charter or purchase of the ferries Rodin and Berlioz with an effective date of 2nd July 2015 based on terms and conditions agreed with Eurotunnel.

Because the French courts had bound the ships to Eurotunnel until 2017, it is understood that DFDS has chartered the ships until July 2017 when the purchase will be completed. DFDS shares hit an 8-year high after Eurotunnel confirmed its exit from ferry service. MyFerryLink’s SCOP Seafrance management lacked the ability to buy the operation from Eurotunnel so the parent company reluctantly sold the ships. With regard to the freight vessel Nord Pas de Calais (above), the Eurotunnel group, in order to maintain its transport operations, will ask the competition authorities to lift the current prohibition and to enable it to be operated in coordination with the Fixed Link. The best solution would be to place her on a Ramsgate – Ostend service to avoid any further issues and breath life back in to two historic ports. MyFerryLink sailings were suspended on the morning of 8th June whilst a meeting was held concerning the sale and then Calais port workers decided to stage a lightning strike that afternoon, all very unhelpful to the cause.

Major disruption also hit Calais on 7th June when the port was closed completely 0630-1445 to permit the clearance of World War 2 mines. Meanwhile on 29th May the Calais Seaways left the Remontowa yard in Poland to re-enter service between Calais and Dover on 1st June following refit and the replacement of two life expired main engines.