containers

A new procedural tool for cross-border debt recovery: the European Account Preservation Order

On 18 January 2017, a new European Regulation enters into force which makes it possible for creditors to freeze bank accounts of non-paying debtors in the whole European Union, with the exception of the United Kingdom and Denmark. It remains to be seen how this “European Account Preservation Order” will work out in practice, but in any event, it is a welcome addition to the procedural toolbox for cross-border debt recovery.

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Declaration of applicability of the forwarding conditions by the principal

The Court of Rotterdam has recently rendered a, not (yet) published, judgment about the applicability of forwarding conditions. Normally, the forwarder invokes the forwarding conditions. In this case the principal relied on the forwarding conditions.

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Is the stevedore liable for damage caused during loading and discharging?

Introduction
It follows from the jurisprudence that the relationship between a stevedore and a vessel is not always rosy. Dutch judges often had to consider a in which a vessel was damaged during loading or discharging.
The Owner (or his underwriter(s)) will subsequently hold the stevedore responsible in order to receive payment for the damage sustained by the vessel. Recently, a similar court case of the District Court of Rotterdam was published (District Court of Rotterdam 27 November 2013, S&S 2013, 86). In this matter the District Court had to examine the question whether a stevedore was liable for the damage sustained by an inland vessel.

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Willem Boonk made partner

Smallegange Lawyers are pleased to announce that as per 1 January 2017, we welcome Willem Boonk as partner in our firm. Willem started his career as a lawyer in Rotterdam in October 2005. He joined Smallegange as a senior associate in May 2015.

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