Ms Annemieke Spijker

Annemieke Spijker

Lawyer biography

Annemieke Spijker (1981) obtained her master of law degree at Leiden University in 2006. In 2004, she spent a term studying at Stellenbosch University in South Africa, focusing on International Business Transactions.

As of July 2006, Annemieke works with AKD Prinsen Van Wijmen in Rotterdam. She started her carrier at our Corporate Law department and became a member of the Shipping, Trade and Insurance department on 1 January 2008.

Annemieke is particularly engaged in national and international road carriage (CMR), as well as forwarding and logistics. She is involved in advising and litigating for Dutch and international insurance companies as well as road carriers.

Annemieke is a member of the Netherlands Association for Maritime and Transport Law. In 2007, she published in Tijdschift Vervoer & Recht on Section 31 paragraph 1 subparagraph b CMR.


Updates

Litigation

Court rules that 'fear of loss' does not constitute damage under CMR
Netherlands | 14 July 2020

Under the Convention on the Contract for the International Carriage of Goods by Road (CMR), carriers are liable for the total or partial loss of goods or damage to goods that occurs between the carrier taking charge of the goods and delivery. The Court of Amsterdam recently held that the word 'damage' in the relevant sections of the CMR presumes substantial physical change to the state of the goods and ruled out, in this case, that a broken seal on a container represented damage.

ECJ advocate general rules on drivers' weekly rest periods
European Union | 07 March 2017

The extent to which sleeping in vehicles is allowed under EU law has been the subject of much debate in the road transportation industry. EU employers of drivers of road transport vehicles will have noted with interest the European Court of Justice (ECJ) advocate general's recent opinion that drivers cannot take their regular weekly rest periods inside their vehicles. Although it may be several months before the ECJ reaches a decision on this issue, the court usually follows the advocate general's advice.

Liability of CMR carriers in addition to liability under CMR Convention
Netherlands | 16 August 2016

The Arnhem-Leeuwarden Court of Appeal recently ruled that carriers can be held liable under national law for damage to goods during discharge. The decision adds to the body of case law on the liability of Convention on the Contract for the International Carriage of Goods by Road (CMR) carriers, in addition to their liability under the CMR convention.

Revised Brussels I Regulation offers opportunities for CMR carriers
Netherlands | 03 February 2015

The Rotterdam Court recently declined jurisdiction in proceedings between a carrier and its principal, because it considered an exclusive jurisdiction clause in the relevant contract to be null and void under the Convention on the Contract for the International Carriage of Goods by Road. Carriers should be aware of the options available to them to avoid falling foul of this ruling, bearing in mind the new EU Brussels I Regulation.

Shipping & Transport

Court rules that 'fear of loss' does not constitute damage under CMR
Netherlands | 08 July 2020

Under the Convention on the Contract for the International Carriage of Goods by Road (CMR), carriers are liable for the total or partial loss of goods or damage to goods that occurs between the carrier taking charge of the goods and delivery. The Court of Amsterdam recently held that the word 'damage' in the relevant sections of the CMR presumes substantial physical change to the state of the goods and ruled out, in this case, that a broken seal on a container represented damage.

Road carriers face difficulty in establishing CMR force majeure exemptions
Netherlands | 14 March 2018

On January 18 2018, despite severe weather warnings, numerous haulage companies allowed their trucks to take to the roads. As a result, many trucks were blown over, leading to extensive amounts of damage. However, any reliance by road carriers on force majeure for events arising from the storms will be hard to enforce in the Dutch courts. While it is not unthinkable that such a situation might exist, the numerous weather forecasts and code red warnings will have created a heavier burden for carriers.

ECJ advocate general rules on drivers' weekly rest periods
European Union | 08 March 2017

The extent to which sleeping in vehicles is allowed under EU law has been the subject of much debate in the road transportation industry. EU employers of drivers of road transport vehicles will have noted with interest the European Court of Justice (ECJ) advocate general's recent opinion that drivers cannot take their regular weekly rest periods inside their vehicles. Although it may be several months before the ECJ reaches a decision on this issue, the court usually follows the advocate general's advice.

Liability of CMR carriers in addition to liability under CMR Convention
Netherlands | 10 August 2016

The Arnhem-Leeuwarden Court of Appeal recently ruled that carriers can be liable under national law for damage to goods during discharge. The decision adds to the body of case law on the liability of Convention on the Contract for the International Carriage of Goods by Road (CMR) carriers, in addition to their liability under the CMR convention.

Roadblocks: who foots the bill for cargo loss or damage in the event of delay?
Netherlands | 11 November 2015

Demonstrations by disaffected farmers blocked several major highways in Europe recently, resulting in increased costs and reduced profits for the road haulage industry and financial loss for cargo interests due to delay and damage. This raises the question of whether and to what extent the road carrier is liable for such loss and damage.

Supreme Court rules on successive carriage under CMR
Netherlands | 23 September 2015

The Supreme Court recently issued a surprising judgment regarding successive carriage within the meaning of Article 34 of the Convention on the Contract for the International Carriage of Goods by Road. The decision means that cargo interests and carriers seeking recovery are in a stronger position than they were previously under Dutch law, which was regarded as having a narrow approach.

Revised Brussels I Regulation offers opportunities for CMR carriers
Netherlands | 04 February 2015

The Rotterdam Court recently declined jurisdiction in proceedings between a carrier and its principal, because it considered an exclusive jurisdiction clause in the relevant contract to be null and void under the Convention on the Contract for the International Carriage of Goods by Road. Carriers should be aware of the options available to them to avoid falling foul of this ruling, bearing in mind the new EU Brussels I Regulation.

Supreme Court rules on CMR limitation period interruption
Netherlands | 22 January 2014

The Dutch Supreme Court has handed down an important judgment which confirms that in disputes pending before the Dutch courts involving the carriage of goods under the Convention on Contracts for the International Carriage of Goods by Road, a time bar cannot be interrupted following a previous suspension, even if the suspension has already been lifted due to a rejection of liability.

Supreme Court overturns CMR limitation ruling on negligence
Netherlands | 29 August 2012

The Supreme Court has ruled that claimants could not rely on the Convention on the Contract for the International Carriage of Goods by Road (CMR) to prove gross negligence on the part of the defendants in a dispute involving theft of a high-value cargo from a parked trailer. The judgment reinforces the belief that it is virtually impossible in the Dutch courts to break the CMR limitation on the basis of gross negligence.

Burden imposed on claimant in disputes with terminal operators
Netherlands | 25 July 2012

The Rotterdam Court's decision in The Allegonda is the latest in a series of judgments handed down in disputes involving claims filed by shipowners and their insurers in tort against terminal operators for damage to hull and cargo. These decisions confirm the heavy burden of proof on claimants seeking to establish wrongful acts carried out by terminal operators in disputes over liability.

Carrier's liability does not end with handing over of CMR note
Netherlands | 10 August 2011

A recent interlocutory judgment of the Roermond District Court has reaffirmed that the period of carrier's liability under Article 17.1 of the Convention on the Contract for the International Carriage of Goods by Road (CMR) does not end with the handing over of the CMR note only. Rather, the carrier must also prove that it gave actual custody of the goods to the consignee.

Claimants must substantiate wrongful acts of terminal operators
Netherlands | 27 October 2010

A recent ruling of the Rotterdam court has confirmed the heavy burden of proof on claimants attempting to establish wrongful acts carried out by terminal operators in disputes over liability for hull damage. The court held that the mere fact that damage had occurred during loading did not mean that the damage was necessarily the result of a wrongful act on the part of the terminal operator or its employees.

Carrier's Liability for Delay under the Carriage of Goods by Road Convention
Netherlands | 07 January 2009

Under the Carriage of Goods by Road Convention, the carrier is liable for any loss of or damage to goods that occurs during transportation, as well as for any delay in delivery. However, the Dutch courts provide certain exceptions that may allow a carrier to avoid liability resulting from delay.