This case involved salvage assistance on the Western Scheldt river on 12 July 2017 rendered by the Mi-Amigo to the Cowa. The Cowa, laden with 1,000 mt of fertiliser, was sailing across the Western Scheldt towards Evergem (Belgium). There was a tidal current. There was a force 5 wind from the north-east. When the Cowa reached buoy 32, the engine started smoking and running irregularly. The master of the Cowa put in a VHF call to the master of the Mi-Amigo, a dry cargo vessel loaded with wheat sailing ahead, and asked for assistance. The Mi-Amigo came alongside, and the master fastened his ship to the Cowa. Both vessels then sailed towards Terneuzen. The Mi-Amigo claimed EUR 17,500 for salvage assistance. The Cowa paid only EUR 1,200.

Held: The Cowa must pay the Mi-Amigo a salvage reward of EUR 7,300, plus costs.

Pursuant to art 8:561.1 DCC, salvage assistance that has been rendered successfully entitles the claimant to a salvage reward. Article 8:551 DCC defines a salvage operation as 'any act or activity undertaken to assist a vessel or any other property in danger in navigable waters or in any other waters whatsoever'.

The Mi-Amigo assisted the Cowa by fastening it alongside the Mi-Amigo - at the Cowa's master's request - and taking the Cowa to Terneuzen. The assistance was rendered successfully.

In The Frio Alaska (Hoge Raad, 9 February 1996 (CMI141)), the concept of danger ('danger' in art 1.a of the Salvage Convention 1989) was further defined. A broad interpretation was chosen, according to which danger exists when there is a situation of imminent loss, or at least very serious damage, from which the ship cannot save itself by its own strength, not without outside help. The availability of a means of assistance is not a circumstance precluding the assumption of danger. Also, a relatively low degree of danger can be sufficient for the existence of danger. The degree of danger is, however, important when determining the amount of the salvage reward. A real threat of incurring damage can also constitute danger (Sioux, Hoge Raad, 2 October 1998 (CMI142)). The situation is assessed according to the forecasts and expectations at the time of the start of the actual salvage assistance (Zwaardvis, Hoge Raad, 12 June 1981 (CMI2185)).

The Western Scheldt is a busy route, where both seagoing and inland vessels pass each other. There was a wind force of about 5 on the Beaufort scale in a north-easterly direction ('quite strong'), and a tidal current of at least 1-1.5 knots. The engine began to smoke and run erratically, because the Cowa had dirty fuel filters that needed to be changed. This change of fuel filters was only possible with the engine switched off. To do so, the engine had to be stopped for half an hour. The Cowa did not choose to manoeuvre or anchor on the bow thruster alone during the change of filters. This would also have posed some danger, as a switched-off engine does not enhance the required manoeuvrability on a busy shipping lane like the Western Scheldt. The Cowa therefore chose to request assistance to the Mi-Amigo by VHF radio. Given these circumstances, there was a real threat of damage, and therefore danger, albeit in a relatively minor degree.

The value of the Cowa is EUR 175,000; that of its cargo EUR 200,000. The result is 100% succesful. The Mi-Amigo rendered assistance immediately after the call of the Cowa. The voyage cost the Mi-Amigo no, or at least little, extra time. There were no other costs or losses incurred by the Mi-Amigo. There was no risk of liability or other risks incurred by the salvors or their equipment. The availability and use of vessels or other equipment intended for the provision of assistance is not relevant here, nor is the state of readiness, efficiency, or value of the salvor's equipment (as they are not professional salvors). In view of the above criteria, the salvage reward is fixed at EUR 8,500. The EUR 1,200 already paid is to be deducted from this amount.

[For the successful appeal to the Gerechtshof Den Haag, see CMI2362.]