The Marvin Faith, which was flying the Panamanian flag and had been lying in the Port of Rotterdam since October 2020, was arrested to found jurisdiction (saisie foraine) by plaintiffs who had been working on board the ship for Garnet Maritime Ltd, and who sought payment of arrears in wages.

Held: The Dutch courts have jurisdiction on the basis of art 7.1.b of the Arrest Convention 1952 for the plaintiffs' wages claims, as their claims for wages arose during the Marvin Faith's presence in the Port of Rotterdam.

Article 10 of the Dutch Code of Civil Procedure (DCCP) states that the Dutch courts have jurisdiction in a case referred to in art 767 of the DCCP. This article states that an action on the merits may be instituted at the court of the injunction judge which has given leave for arrest. The Court of Rotterdam has given leave for the arrest on the basis of art 728 of the DCCP. The District Court of Rotterdam therefore has jurisdiction in the respect of the wages claims submitted by the plaintiffs.

The Arrest Convention does not grant jurisdiction for a claim for payment of costs to obtain an enforceable judgment, nor for a (withdrawn) claim for costs of repatriation.