Rotterdam based Europe Container Terminal (ECT) exercised its right of retention on Hanjin containers after the carrier’s bankruptcy in 2016. ECT and Fenex, the Dutch trade association for logistic service providers and forwarders, reached an agreement that the containers will be released upon payment of 500 euros per container.
However, OTX Logistics demanded that ECT would charge the actual handling costs as per the terminal agreement between ECT and Hanjin and to receive insight in the tariffs from that agreement.
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Nevertheless, the Rotterdam Court decided that it was acceptable for ECT to charge a fixed fee given the circumstances. The efficient release of the Hanjin containers would be at risk if ECT was ordered to charge the actual handling costs per container.
Moreover, the Court concluded that ECT was not obligated to give OTX Logistics access to the terminal agreement with Hanjin.
