25 September 2014

Port Authority wins suit initiated by ECT: judge dismisses one-billion-euro claim

The Rotterdam Port Authority has won a lawsuit initiated by the container transshipment company ECT about the construction of the Second Maasvlakte. The District Court of Rotterdam decided that the Port Authority had not abused a dominant economic position during the distribution of new harbour sites. Neither had it favoured ECT's competitors. The Port Authority does not therefore owe ECT any compensation. ECT had claimed damages of one billion euros, because it was forced to admit two rivals to the Second Maasvlakte.

De Brauw assisted the Port Authority in this matter. Koos de Blécourt and Erik Pijnacker Hordijk were De Brauw's lead partners in this dispute that has been going on for years. The container transshipment company believes that the arrival of new harbour sites creates major overcapacity in the container market. The court ruled that temporary overcapacity is inevitable and that the Port Authority has taken measures to limit the harmful effects caused by overcapacity. Two large new terminals are now being constructed on the Second Maasvlakte. ECT claimed that, as a result, it would suffer a loss of hundreds of millions.

De Brauw team: Koos de Blécourt, Erik Pijnacker Hordijk, Bart de Rijke, Stephanie The, Tilly Smits and Mathieu Schimmel.