Press & Publications
The 48th Committee meeting of the Paris Memorandum of Understanding on Port State Control (“Paris MoU”) was held from 18 until 22 May in the Netherlands.
The meeting was attended by members of the Paris MoU, the European Commission, EMSA, Montenegro, observers from the International Labour Organization, US Coast Guard, Viña del Mar Agreement, Tokyo MoU, Caribbean MoU, Mediterranean MoU, Indian Ocean MoU, Abuja MoU and Black Sea MoU.
During its Committee meeting, the Paris MoU has agreed on the inspection campaign for the Maritime Labour Convention (“MLC”) in 2016.
The Netherlands is widely regarded as an arrest-friendly jurisdiction. This is true for the pre-judgment arrest of ships coming to the Dutch ports such as Rotterdam, but also for the pre-judgment attachment of other assets. Arresting vessels in the Netherlands is generally a quick and efficient process. A vessel may be arrested only hours after the application is submitted to court by a Dutch lawyer. Until now, however, the effect of a Dutch ex-parte leave to arrest was limited to the borders of the Dutch jurisdiction.
The insurance specialists of Van Steenderen MainportLawyers regularly provide clients with legal advice on the aspects of investigations into the cause of fires and the cover of property and liability insurances in that respect.
Recently one of our lawyers co-authored an article on the new opportunities that the revised Brussels Regulation (‘Recast’) may offer to claimants who wish to obtain a Dutch pre-judgment garnishee order against garnishees located in other Member States. The English abstract of the article can be found below.
As many car manufacturers back their products by a three- to seven-year warranty, the superyacht industry’s standard 12-month warranty period hardly seems adequate. Arnold J. van Steenderen, of Van Steenderen Mainport Lawyers, looks at the issues surrounding after-sales guarantees and how they could evolve.
On 9 December 2014, the General Court handed down its judgment dismissing the appeal brought by the Netherlands Maritime Technology Association (NMTA) against a Commission decision finding an amended Spanish tax leasing scheme to be compatible with the EU state aid rules. The General Court has concluded that NMTA failed to demonstrate that serious difficulties were encountered by the Commission in its preliminary examination of the notified measure such as to require the Commission to initiate the full investigation procedure under Article 108(2) of the TFEU.
Recently, Dutch vessels and vessels arriving at Dutch ports have experienced heightened enforcement of environmental regulations. This has led to high fines in the past, for example when vessels are debunkering in Dutch ports. The case discussed in this article is another example of the stringent position the Dutch authorities usually take when it comes to enforcing (maritime) environmental regulations.
It is common understanding that the insured has to comply with the obligations as laid down in the policy conditions. The policy conditions also set out the consequences when these obligations are not complied with.
It is not always clear what is expected from an insured. For example in case the wording of the conditions is not clear or could be interpreted in more then one way.