Seizure of a ship: an odd duck in the crowd
Ships are an unmistakable part of the Rotterdam landscape. Even ‘our’ view from the World Port Center is a daily reminder that Rotterdam is a true port city. In this article, we discuss the attachment of ships.
The requirements for garnishment
A garnishment order from the preliminary injunction court is required for the levying of a prejudgment attachment, an attachment for security purposes. For this, we as lawyers submit a petition. Want to know more about prejudgment attachment in general? Then read this article by our colleague Gentia Niesert.
Attachment to collect or enforce a claim can be done at a later stage. This requires a court judgment awarding that claim against the debtor. This judgment must also have been served on the debtor.
A separate category
Under the law, an attachment must be made in a different way on an object that can be moved (movable) than on an object that cannot (immovable) and may also be mortgaged.
A vessel is an object that can move. At the same time, a ship may also be a registry property and may be subject to a right of mortgage. Since ships are a special category, the legislator has made a separate regulation for the attachment of an object with the purpose of floating: a ship.
If a ship is part of the debtor’s assets, it can be attached. If a ship is registered – this is usually the case with larger and/or commercially used ships – the ownership of the ship can be established with the help of the Land Registry.
How does ship seizure work?
Ship seizures must be made on board the vessel. It is therefore important to locate the ship first. If that location is not known to the seizing party (or lawyer), the bailiff can find out where the ship is and when it enters the Rotterdam port, for example.
If it becomes known that the ship is here or will dock soon, the bailiff can move quickly and be there within a short time. The bailiff contacts the harbour master to make sure she can enter the port and get onto the ship. On board the vessel, the bailiff serves the judgment – or attachment order – on the captain or operator present there. The relevant captain (or any third party appointed by the bailiff) is then entrusted with the custody of the vessel. The attachment report is then served on the owner of the vessel. The arrest of a registered ship is also registered in the public registers.
Once the arrest has been made, the ship is no longer allowed to sail. Putting the ship in chains, as used to be the case, is out of the question nowadays. The custodian and Rotterdam port authorities prevent the ship from leaving.
Closing
In Rotterdam, ships can usually be seized easily and quickly. Would you like to receive advice on the (precautionary) attachment of a ship or on your possible subsequent options? If so, please contact us. Jacolien Leuvenink will be happy to assist you.
