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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Claming reduction or return of a bank guarantee

In October 2016 our firm was involved in summary proceedings in which the return and reduction of a bank guarantee was claimed. The facts of these proceedings were as follows. In 2007 Belgian buyers ordered an inland barge with a Belgian shipyard. When the building of the hull was ready it was noted by the buyers that the hull showed several deficiencies. The buyers therefore refused to take delivery of the hull. This eventually resulted in proceedings between the buyers and the shipyard in Belgium.

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Legal proceedings in English before the Rotterdam District Court

The Rotterdam District Court informed us as follows. As of January 1st 2016 the Rotterdam District Court will allow certain types of civil cases to be conducted in the English language. The cases that will qualify for this pilot project are those involving maritime law, transport law and international sale of goods.

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Will a consignee become a party to the contract of carriage, if he is mentioned as consignee on a Sea Waybill?

In relation to the majority of the cargo that in the past was carried by ship, a Bill of Lading would be issued by the carrier. Therefore, Book 8 of the Dutch Civil Code contains several articles that relate to carriage of goods under a Bill of Lading. However, nowadays in case of the majority of the shipments that concern carriage of goods by ship no Bill of Lading is issued, but instead a Sea Waybill. The question is therefore what the consequences are if goods are carried under a Sea Waybill for the title to sue of the consignee and the relation between the carrier and the consignee. The Court of Rotterdam had to consider this in the recent Court case FRIO HELLENIC, 30 April 2014, S&S 2014, 131. Below we will touch on this question by discussing the judgment of the Court. In that respect we will first briefly touch on the characteristics of a Bill of Lading and Sea Waybill.

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