Collision (on 6 May 1978) between the Roseline and the Greek tanker Eleni V as a result of which the Eleni V was cut in two. At the instruction of the British government the forward part of the Eleni V was blown up. The Dutch State took measures to counter pollution by the oil released from the ship. After the insurer of the Eleni V (UK Club, Bermuda) constituted a fund by paying GBP 1,124,960.26 into court at the High Court of Justice in London, the Dutch State commenced proceedings against the insurer at the Rechtbank 's-Gravenhage to recover the costs of the pollution response measures. The Dutch State did not file its claim with the High Court in London, where the fund was distributed, before the Rechtbank 's-Gravenhage handed down its judgment.

Held: The Dutch State can no longer obtain an enforceable judgment against the Club from a Dutch court; this is in keeping with the object and purpose of the provisions concerning limitation of liability of the CLC 1969, particularly art 6.1. The far-reaching consequences which art 6.1 - provided the other requirements of art 6 are met - attaches to the constitution of a fund, also in other State Parties to the Convention where a claim for damages is instituted, must be regarded in the light of the restriction of the States where a limitation fund may be constituted to only those States referred to in art 5.3. Article 6.1, which is self-executing, applies to the Club by virtue of art 5.11.

The Club was not obliged towards the State to arrange for the setting aside of a sum as set out in art 5.7 of the CLC 1969; this paragraph gives a provision supplementing arts 5.5 and 5.6 which serves the interest of the owner of other persons referred to in arts 5.5 and 5.6, just as the subrogation regulation of arts 5.5 and 5.6 does; the purpose of these provisions is to prevent the paying out of more than the amount of the limited liability, and not to protect the interest of a claimant who failed to submit its claim to the fund.