Maritime and Transport Law
Quarterly update June 2018: Maritime and Transport Law
This quarterly update covers the latest developments in cabotage regulation. We also consider the changes to the rules on ship registration fees. Attorney Steffen Hebsgaard Muff has been on DR2 Dagen to talk about the legal dilemmas arising out of the use of delivery robots. In addition, we take a summarise the findings of two transport-related decisions on DHAB 2007 and jurisdiction.
We have spent a lot of efforts on cabotage regulation in the past quarter. There is no indication that the focus on this area will be reduced in the coming period, including in light of the entry into force of the new rules on combined transport on 1 July 2018.
The European Court of Justice has ruled that Denmark is allowed to require that a single cabotage transport in Denmark must include either several loading or several unloading station.
If a haulier from another EU country carries out a road transport in Denmark as part of a combined transport under the terms of the Order, this road transport will be exempted from the restrictions in the cabotage rules. Therefore, in relation to the road hauliers' ability to transport cargo in Denmark, the definition of combined transport in the Executive Order is essential. The reason for having special rules for combined transport is to encourage the industry to use other – more environmentally friendly – modes of transport than road transport.
Effective as of 1 May 2018, the rules on fees for registration of ships and ship mortgages in Section 11 and 12 in the Act on Registration Fees were repealed. Previously, the fee was 0.1 percent of the transfer sum and the mortgage amount, respectively.
Registration fees paid when registering a ship or ship mortgage between 1 January 2018 to 30 April 2018 may be sought refunded by filing an application with the customs and tax administration (SKAT). The authorities must receive the application by 31 July 2018. The original ship’s deed or mortgage deed and other information and documentation must be enclosed with the application.
On May 11, 2018, the Danish Maritime and Commercial Court issued a judgment in a case between a large wind turbine manufacturer and a stevedore company, who had unloaded and stacked two wind turbine wings at the port terminal in Esbjerg in October 2012. During the stevedore's handling of the wings, a violent wind caused them to topple over, and the resulting damage rendered them a total loss.
Earlier this year, the Danish Supreme Court ruled that there was jurisdiction in Denmark in a case against a Danish and a Dutch party, because the claims against the two parties were closely linked. The decision is of significant importance for disputes involving several parties Danish and foreign parties – both in relation to transportation cases and in general.