Database

The immunities of States and international organisations

This database contains the original national contributions bringing together information on The immunities of States and international organisations

Information on the contribution

Member State
Netherlands
Themes
Type of document
Jurisprudence
Permanent link to the contribution
http://www.cahdidatabases.coe.int/C/Immunities/Netherlands/1987/193
Attachments
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Netherlands - Jurisprudence of 19/11/1987

Wijsmuller Salvage B.V. v. ADM Naval Services

Author(ity)

District Court of Amsterdam

Date of the decision, of the judgment

19/11/1987

Points of law

1) The decisive criterion is the status of the ship at the time of attachment.

2) A warship delivered by a foreign State to Dutch companies for refitting not only has to spend a long time in dock but must also undergo sea trials, during which it sails under national command and is manned in part by a national crew, should also be regarded as a ship intended for use in the public service even during the execution of the work.

Summary of the case

The Peruvian warship Almirante Grau, a cruiser, got into difficulties during sea trials which were being conducted on the North Sea as part of a refit by ADM Naval Services. Wijsmuller Salvage B.V. successfully assisted the vessel. As Wijsmuller feared that Peru would arrange for the ship to sail away, it applied to Amsterdam District Court for an interlocutory injunction attaching the cruiser in order to secure its rights and obtain payment of the salvage money.

Sources

English summary: NYIL 1989, p. 294-296

Additional information (explanations, notes, etc.)

n/a