PERFICIO

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Owner of Perficio entitled to limit its liability for damage caused by the allision with lifting bridge in 2023

The Rotterdam District Court has ruled that the owner of the 'Perficio' is entitled to limit its liability for damage caused by the allision with the lifting bridge at Humbeek-Sas on June 29, 2023. The judge rejected an attempt by the Flemish government to halt the Dutch proceedings in favour of a Belgian lawsuit. The accident had caused significant damage to the bridge. De Vlaamse Waterweg NV (DVW), the bridge's manager, held the vessel and its owners liable. Shortly thereafter,the Perficio Shipping, together with its insurer EOC, initiated limitation proceedings in the Netherlands. With these proceedings, ship owners attempt to financially limit their liability, based on the international CLNI Convention. A few days later, DVW also initiated civil proceedings in Belgium, demanding, among other things, that the ship owner not be entitled to limitation of liability. The Belgian case preceded the Dutch proceedings, and the Rotterdam court should therefore postpone its judgment (the so-called lis pendens defense). However, the court disagreed: the limitation proceedings in Rotterdam had been initiated earlier and constituted the starting point for the subsequent substantive proceedings, the so-called reckless proceedings. The case in Rotterdam revolved solely around the question of whether the damage was caused by intent or gross negligence on the part of the shipowner or their representatives. Only in that case would there be no right to limitation of liability. The court concluded that this was not the case: there was no evidence that the allision was caused by consciously risky behaviour or intent. The court also ruled that the CLNI Convention contained sufficiently clear rules and that no additional Belgian or Dutch law was necessary for its interpretation. Consequently, the court also rejected the DVW's subsidiary request to adjourn the case until the Belgian expert investigation by the Nautical Commission has been fully completed. As a result, the Perficio Shipping and its insurer may settle the claim within the limits of the limitation fund they established. DVW has been ordered to pay over €2,000 in legal costs.