Mr Robert Hoepel

Robert Hoepel

Updates

Litigation

Yacht damage dispute clarifies product liability implications under EU directive
Netherlands | 23 January 2018

The Utrecht Subdistrict Court recently held that fire damage to a yacht caused by an air conditioning panel did not result from product liability. The court clarified the definition of 'another object' under the Dutch Civil Code and the EU Product Liability Directive, holding that because the control panel was specifically designed for use in the vessel, it was considered part of the yacht. The decision provides guidance for yacht insurers and increases the possibility of successful recovery.

Amsterdam court authorises EU ship arrest order
Netherlands | 18 October 2016

In a recent decision which authorised the arrest of a vessel in four EU jurisdictions, the Amsterdam court reconfirmed that the Netherlands will not hesitate to attach assets throughout the European Union under the recently revised Brussels I Regulation. The decision strengthens the perception of the Netherlands as a ship arrest haven by demonstrating that a Dutch arrest order could provide a solution for creditors seeking to attach assets throughout the European Union.

Shipping & Transport

Yacht damage dispute clarifies product liability implications under EU directive
Netherlands | 24 January 2018

The Utrecht Subdistrict Court recently held that fire damage to a yacht caused by an air conditioning panel did not result from product liability. The court clarified the definition of 'another object' under the Dutch Civil Code and the EU Product Liability Directive, holding that because the control panel was specifically designed for use in the vessel, it was considered part of the yacht. The decision provides guidance for yacht insurers and increases the possibility of successful recovery.

Amsterdam court authorises EU ship arrest order
Netherlands | 12 October 2016

In a recent decision which authorised the arrest of a vessel in four EU jurisdictions, the Amsterdam court reconfirmed that the Netherlands will not hesitate to attach assets throughout the European Union under the recently revised Brussels I Regulation. The decision strengthens the perception of the Netherlands as a ship arrest haven by demonstrating that a Dutch arrest order could provide a solution for creditors seeking to attach assets throughout the European Union.

Appeal court upholds decision to lift ship arrest
Netherlands | 06 June 2012

Historically, the Netherlands has been regarded as a haven for those seeking to effect the arrest of a ship. This perception is backed up by extensive case law, but it may not always be possible to bring an argument within the ambit of the relevant legislation – witness the recent decision of the Leeuwarden Court of Appeal in Caballo Genitor.

Rotterdam Court says claims for oil cargo removal must be met by property fund
Netherlands | 09 May 2012

The Rotterdam Court recently held that claims for the removal of an oil cargo from a tanker barge involved in a collision with a vessel should be paid for from a property fund, and that a separate wreck fund need not be constituted. This conflicts with an earlier decision of the same court as to whether owners should constitute a wreck fund or provide security with regard to claims in respect of the removal of cargo from another ship.

Netherlands enacts LLMC 1996 Protocol and Bunkers Convention
Netherlands | 12 January 2011

Two pieces of international shipping legislation have entered into force in the Netherlands. The LLMC 1996 protocol aims to increase limitation of liability for shipowners, whereas the Bunkers Convention will require shipowners to have a certificate proving that valid insurance coverage has been obtained in case of pollution damage involving bunker oil.