Title 1
in forceOf legal proceedings in matters of means of transport and carriage
Section 1
General provisions
The court of Rotterdam has jurisdiction to hear a dispute as referred to in Article 168 of Book 8 of the Civil Code, and petitions for sale as…
If, within one month after the ship's manager (boekhouder) has notified the members of the shipping company of his desire as referred to in Article…
A judgment obtained against the shipping company (rederij) or against the ship's manager (boekhouder) as such may be enforced against the common…
The District Court of Rotterdam has jurisdiction to hear petitions for authorisation for cancellation as referred to in Articles 195 or 786 of Book 8…
The District Court of Rotterdam has exclusive jurisdiction at first instance to hear claims and petitions concerning:
A carrier may, in respect of what is owed to him, levy a conservatory attachment (conservatoir beslag) on goods carried on board a ship under the…
The designation of a third party, as referred to in Article 481, paragraph 2, and Article 946, paragraph 2, of Book 8 of the Civil Code (Burgerlijk…
A petition by the carrier for permission to store goods received for carriage, to retain them under its control, or to take other measures in respect…
The court of Rotterdam shall have jurisdiction to hear disputes between a carrier and a receiver, who was not the sender, concerning contracts for…
The court of the place of taking over of the goods or of the place designated for delivery of the goods shall also have jurisdiction to hear disputes…
Disputes arising from the provision, supplementation or replacement of security as referred to in Articles 30, 69 and 1131 of Book 8 of the Civil…
A petition for authorisation to sell received goods shall be decided upon by the relief judge of the court within whose jurisdiction the goods are…
A petition for a judicial investigation as referred to in Articles 494, 495, 959 and 960 of Book 8 of the Civil Code shall be decided upon by the…
A salvor may, in respect of the amount owed to him by virtue of salvage, levy a prejudgment attachment (conservatoir beslag) on things to which…
If the case concerns a petition as referred to in Section 2 of Title 6 of Book 8 of the Civil Code or a dispute relating to the security as referred…
If, in his opinion, a case of general average (avarij-grosse) has occurred, the owner of the ship and, in the event of a bareboat charter, the…
The parties interested in the general average are obliged to provide the average adjuster with every piece of information and all documents that he…
The average adjuster is authorised to file a copy of the average adjustment signed by him with the registry of the Rotterdam District Court and is…
He who wishes to settle the average statement (dispache) sent to him or filed at the registry of the District Court of Rotterdam, shall petition the…
Each of the persons referred to in Article 638, who cannot agree with the average statement (dispache) sent to him or deposited at the registry of…
If, in the case of Article 641 or Article 641a, the court does not proceed to homologation, the average adjuster or another average adjuster possibly…
Anyone who contests the average adjustment is, at the petition of anyone who did not do so, obliged to provide security for the benefit of the latter…
After an order of homologation has become res judicata, the average statement (dispache) shall constitute an enforceable title.
Against a decision of the preliminary relief judge of the court, rendered in the cases of Articles 621 up to and including 641d, with the exception…
Section 2
Of legal proceedings regarding the limitation of liability of shipowners
Any person who, pursuant to Article 750, Article 751, Article 1060 or Article 1061 of Book 8 of the Civil Code, wishes to invoke a limitation of his…
When, as a result of the same incident, more than one petition (verzoek) as referred to in Article 642a relating to the same ship has been filed, the…
In the proceedings concerning the petition referred to in Article 642a, no reliance may be placed on Article 754 or Article 1064 of Book 8 of the…
If, in respect of one and the same incident, a fund has been constituted by one of the persons or his insurer referred to in
If, after the granting of a petition based on Article 750 or Article 751 of Book 8 of the Civil Code, none of the creditors has contested within the…
If the requirements set forth in Article 642e have been met, proceedings in respect of claims for which the fund has been constituted shall be stayed…
After the declaration referred to in Article 642c, paragraph 6, has been issued, the supervisory judge (rechter-commissaris), having heard the…
If a debtor demonstrates that, notwithstanding the first paragraph of Article 642f, he could be compelled at a later date to pay, in whole or in…
The liquidator shall immediately give notice of the orders referred to in Article 642g by registered letter to the debtor or debtors and the…
An amount paid by a debtor or his insurer prior to the distribution of a fund may not be reclaimed by him in whole or in part; he shall be subrogated…
The creditor who conducts a defense against the petition of a debtor must nevertheless submit his claim for verification. The same applies with…
The submission of claims to the liquidator shall be effected by the presentation of an account or other written statement indicating the nature and…
The liquidator shall give written notice of the filing of the lists, performed pursuant to Article 642l, to all known creditors and the debtor or…
On the day or days determined pursuant to Article 642g, the supervisory judge (rechter-commissaris) shall hold one or more hearings in the presence…
Claims submitted after the expiry of the period referred to in the first paragraph of Article 642g may, at the petition of the creditor, be admitted…
All creditors and debtors may contest a claim.
In the event of a dispute at the hearing regarding a claim or the invocation of a limitation of liability, the supervisory judge…
If the creditor requesting verification does not appear at the court hearing, he shall be deemed to have withdrawn his claim to the extent that it is…
Upon the conclusion of the hearings referred to in Article 642n or, if these have given rise to disputes, after an irrevocable decision has been…
Claims the value of which is not expressed in Dutch currency shall be verified for their estimated value in Dutch currency.
A distribution list of the available fund approved by the delegated judge (rechter-commissaris) shall lie for inspection by the creditors whose…
After a distribution list (staat van verdeling) has been established by the delegated judge (rechter-commissaris) or, if an opposition (verzet) has…
Subject to paragraph 4 of Article 642f, the claims of creditors who, despite having been duly summoned to do so, have failed to submit them for…
The supervisory judge (rechter-commissaris) is authorised at all times to establish a provisional state of distribution. In that case, Articles 642s…
The orders of the delegated judge (rechter-commissaris) as well as those of the court pursuant to Article 642u, paragraph 3, are not subject to…
Subject to the application of Article 289, the costs arising from the application of Articles 642a to 642y inclusive shall be borne by the debtor.