‘A judge in the US dismissed a lawsuit against Swiss company MSC Cruises S.A. on the basis of the extraterritorial Helms-Burton Act. In Cuba, we do not recognize ‘big stick’ acts that violate international law. Results in US courts will prove us right,’ Malmierca wrote on his Twitter account.
US District Judge Beth Bloom dismissed a lawsuit filed against MSC Cruises under Title III of the controversial Helms-Burton Act against Cuba.
Havana Docks Corp, a company that claims to be the legitimate proprietor of certain commercial real estate in the Port of Havana, filed the lawsuit on August 27, 2019, against MSC Cruises, Norwegian Cruise and Royal Caribbean for using that infrastructure.
The plaintiff had argued that ‘Beginning on or about December 10, 2018, the defendants knowingly and intentionally commenced, conducted, and promoted their commercial cruise line business to Cuba using the Subject Property by regularly embarking and disembarking their passengers on the Subject Property.’
However, the cruise line argued in a motion that the lawsuit should be dismissed for four reasons, including because it ‘fails to include any allegations about how the MSC Defendants could have trafficked, either directly or indirectly, in the property?
The motion added that ‘Title III violates the Due Process Clause of the Fifth Amendment of the U.S. Constitution.’