NETHERLANDS Law and Practice Contributed by: Rik van Waasbergen, Sander Metzelaar, Wiebe Wajer, Iris Stielstra and Daan Komen, HerikLegal
DCCP. The maritime chamber of the Court of Rotter - dam exclusively handles such matters in first instance. Who May Constitute a Limitation Fund? The right to constitute a limitation fund extends to the ship-owner, defined as the person or entity in whose name the vessel is registered. However, for this pur - pose the right to constitute a fund also extends to charterers, lessees and other users entrusted with the operation of the vessel (Article 8:750 (2) DCC). Persons for whose acts the ship-owner is liable may invoke limitation to the same extent. Liability insurers are likewise entitled to rely on limitation in the same manner as their insured (Article 8:751 DCC). Calculation of the Fund The categories of claims subject to limitation are exhaustively listed in Article 8:752 of the DCC, subject to the exclusions set out in Article 8:753 of the DCC. The amount of the limitation fund is determined by reference to the LLMC, as amended by the 1996 Pro - tocol and subsequent amendments, as incorporated into Dutch law through Article 8:755 of the DCC. The applicable limits are calculated based on the vessel’s gross tonnage and apply globally to all claims arising out of the same incident. Deposit and Form of Security The actual constitution of the limitation fund requires the provision of security in accordance with Article 642c of the DCCP, typically by way of a cash deposit or a bank or insurer’s guarantee acceptable to the court. Where the fund is constituted by a cash deposit, stat - utory interest ceases to accrue upon deposit. Where the fund is constituted by a guarantee, statutory inter - est continues to accrue until the guarantee is pro - vided in the form and amount ordered by the court. Therefore, the prevailing interest rate will be the crucial criterion for determining whether security is to be put up through cash deposit or a guarantee. Another aspect to take into account is that the Court of Rotterdam no longer offers the possibility to use the Court’s bank account to put up security through a cash deposit. Therefore, other arrangements with
financial or escrow institutions would have to be explored before such a deposit is possible. 3.6 Seafarers’ Safety and Owners’ Liability The Maritime Labour Convention 2006 (MLC) is fully applicable in the Netherlands. The Netherlands ratified the convention in 2011. The Convention applies to Dutch-flagged vessels, and, through port state con - trol, to foreign vessels calling at Dutch ports. Compli - ance is ensured through certification and inspection. Enforcement is carried out by the ILT through flag state and port state control. The MLC is implemented partly through the Law on the Crewing of Seagoing Vessels ( Wet Bemanning Zeeschepen ), which entered into force on 1 July 2025 and replaced the former Law on Seafarers ( Wet Zeevarenden ). The Law on Seafarers regulates seafar - ers’ rights and crew requirements, including manning, certification, medical fitness, hours of work and rest. Part of the MLC is also implemented in Book 7 of the DCC. In this legislation, seafarers’ rights are stipu - lated, such as payment during sickness, repatriation rights and holidays. It is important to note that this part of the law is also applicable to non-Dutch-flagged vessels in case Dutch employment law is applicable. Occupational health and safety is governed by the Working Conditions Act ( Arbeidsomstandighedenwet ), while operational safety is addressed in maritime safe - ty and navigation legislation, including the Shipping Traffic Act ( Scheepvaartverkeerswet ).
4. Cargo Claims 4.1 Bills of Lading
The Netherlands is a signatory to The Hague-Visby Rules (HVR). Therefore, the HVR apply in the Dutch jurisdiction if they are applicable pursuant to Article 10 of the HVR. The Netherlands has signed but not yet ratified the Rotterdam Rules. Therefore, they do not (yet) apply in the Dutch jurisdiction.
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