NETHERLANDS Law and Practice Contributed by: Rik van Waasbergen, Sander Metzelaar, Wiebe Wajer, Iris Stielstra and Daan Komen, HerikLegal
(CLNI), including regular increases through indexa - tion of the limits of liability per Article 20 CLNI – the latest indexation of the limits of liability, dated 1 June 2024, was implemented on the Dutch juris - diction on 1 March 2025. Note that the distinction between the concepts of collision and allision prevalent in common law legal systems does not exist pursuant to Dutch law, and that the foregoing Conventions apply to both kinds of incidents. Salvage Salvage liability and remuneration are governed by the International Convention on Salvage 1989 (the “Inter - national Salvage Convention”), which: • regulates entitlement to salvage remuneration and the criteria for fixing salvage awards; • introduces special compensation for salvors who prevent or minimise environmental damage; and • is implemented in Dutch law and applied to sal - vage operations involving vessels and property in navigable waters. National Law Pertinent legislation includes the following. • Book 8, Chapter II, Titles 6 and 7 of the Dutch Civil Code (DCC) apply to (liability) for maritime inci - dents with respect to sea-going vessels and the global limitation thereof. • Book 8, Chapter III, Titles 11 and 12 of the DCC apply to (liability) for maritime incidents with respect to vessels of inland navigation and the global limitation thereof. • The Inland Navigation Police Regulations ( Binnen- vaartpolitiereglement ): (a) set out rules on navigation, signals and right of way on the majority of Dutch inland waterways; and (b) used by courts to assess compliance with navigational duties and determine fault in colli - sion cases. • The Rhine Navigation Police Regulations ( Rijnvaart- politiereglement ):
(a) set out rules on navigation, signals and right of way on the River Rhine and waterways con - nected thereto; and (b) used by courts to assess compliance with navigational duties and determine fault in colli - sion cases. 3.3 Convention on Limitation of Liability for Maritime Claims The Netherlands applies the Convention on Limita - tion of Liability for Maritime Claims 1976, as amended by the 1996 Protocol (LLMC), including the increased limits introduced by the 2012 International Maritime Organization (IMO) amendments. These internation - al rules are fully incorporated into Dutch law both through direct application of the Convention as well as through implementation in Book 3, Title 1 of the DCC. This implementation allows ship-owners and certain other “ship operating parties” (defined as “owners” in the LLMC) to limit their liability for collision-related claims, subject to the convention’s conditions. The LLMC and its Dutch implementation apply to per - sonal injury, property damage and other claims for damages arising out of maritime incidents. 3.4 Vienna Convention on the Law of Treaties The Netherlands is a party to the Vienna Conven - tion on the Law of Treaties. Its interpretative rules are applied when construing international conventions. Regarding the concept of “owner”, central in the MSC Flaminia decision and its interpretation under the LLMC, the Dutch courts had a similarly broad inter - pretation as the UK Supreme Court. 3.5 Procedure and Requirements for Under Dutch law, which applies the international con - ventions discussed in this section of the guide, a ship- owner may limit liability by constituting one or more limitation funds in accordance with Article 642c of the DCCP. The substantive right to limitation is therefore governed by the implementation of the LLMC in the DCC, while the procedure for constituting a limitation fund, including court involvement, is governed by the Establishing a Limitation Fund Procedure and Competent Court
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