Shipping & Transport updates

Netherlands

Contributed by AKD
Landmark CMR rulings also apply to rail carriage liability
  • Netherlands
  • January 11 2017

Dutch case law regarding the interpretation of the Uniform Rules Concerning the Contract of International Carriage of Goods by Rail (CIM) is limited. By contrast, the Supreme Court has produced a rich body of case law on the interpretation of the Convention on the Contract for the International Carriage of Goods by Road (CMR). The Rotterdam court recently held that two landmark Supreme Court rulings on liability under the CMR also apply to rail carriage liability under the CIM.


Spain

Maritime privileged credits under Insolvency Act
  • Spain
  • January 11 2017

The Insolvency Act is based on the principle of universality with regard to assets and liabilities. However, certain credits – including maritime privileged credits – must be separated from a bankruptcy estate, resulting in a breach of this principle. Ultimately, if a maritime privileged credit is exercised against the ship of a party undergoing bankruptcy proceedings, the creditor or owner of the credit can separate the ship from the bankruptcy estate if the liquidation of assets phase has yet to commence.


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