Ms Stefanie Roose

Stefanie Roose

Updates

Litigation

Dutch court rules that tank storage provider cannot invoke exoneration clause contained in VOTOB conditions
Netherlands | 15 May 2018

The Rotterdam District Court recently ruled that a tank storage provider could not invoke the exoneration clause of the General Conditions for Tank Storage in the Netherlands (the VOTOB conditions), which are frequently used by Dutch tank terminals and storage companies. The decision is relevant, as it appears to contravene the rather strict approach adopted in Dutch case law in relation to successfully setting aside a VOTOB exoneration clause.

Logistics service providers must be clear on general terms and conditions
Netherlands | 14 November 2017

Many logistics service providers – such as terminals, warehouse keepers, freight forwarders and shipyards – use general terms and conditions in order to limit their risks. They often make use of several sets of standard terms and conditions, depending on the activities being carried out. However, a recent district court case should serve as a warning to these service providers of the severe risk that no standard terms will be regarded as validly incorporated.

Shipping & Transport

Understanding legal position of digital logistics platforms
Netherlands | 22 May 2019

Digital platforms which connect logistics service providers with their customers have become commonplace. A relevant question from a legal perspective is whether such a platform acts as a carrier or freight forwarder. The answer to this question will affect a platform's civil and public law exposure. As such, platforms should consider their legal position carefully.

Dutch court rules that tank storage provider cannot invoke exoneration clause contained in VOTOB conditions
Netherlands | 16 May 2018

The Rotterdam District Court recently ruled that a tank storage provider could not invoke the exoneration clause of the General Conditions for Tank Storage in the Netherlands (the VOTOB conditions), which are frequently used by Dutch tank terminals and storage companies. The decision is relevant, as it appears to contravene the rather strict approach adopted in Dutch case law in relation to successfully setting aside a VOTOB exoneration clause.

Logistics service providers must be clear on general terms and conditions
Netherlands | 08 November 2017

Many logistics service providers – such as terminals, warehouse keepers, freight forwarders and shipyards – use general terms and conditions in order to limit their risks. They often make use of several sets of standard terms and conditions, depending on the activities being carried out. However, a recent district court case should serve as a warning to these service providers of the severe risk that no standard terms will be regarded as validly incorporated.

SOLAS amendments on containerised cargo will impact terminal operators
Netherlands | 25 March 2015

Changes to the International Convention for the Safety of Life at Sea relating to the verified weight of containers and their cargo could have serious implications for terminal operators. If the gross mass of containers is not verified by the shipper, the terminal operator must not load containers on board a ship. This could result in terminal operators incurring substantial costs.

Delivery under CMR ends when consignees take control
Netherlands | 06 February 2013

The issue of what constitutes delivery under the terms of the Convention on the Contract for the International Carriage of Goods by Road, and establishing when the period of the carrier's liability ends, continues to occupy the time of the Dutch courts. The Middleburg District Court recently ruled on this issue in a dispute involving a shipment of mussels.