In 2012, a vessel caught on fire and caused multiple explosions that led to extensive damage on a vessel. The following year, Conti 11 Container Schiffahrts-GmbH & Co & KG MS MSC FLAMINIA (Conti), a shipping company, contracted with Nordgroup A/S (Nordgroup) regarding waste disposal on the vessel to get the vessel prepared for repair.

Conti, however, failed to pay a number of invoiced payments and some additional expenses. Nordgroup thus arrested the vessel pursuant to the Danish Merchant Shipping Act, s 92, corresponding with the International Convention Relating to the Arrest of Sea-Going Ships (Arrest Convention 1952), art 2, according to which a vessel may be arrested in respect of any maritime claim.

Held: The High Court of Eastern Denmark found that Nordgroup’s waste disposal was a precondition for the repair of the vessel, which meant that the waste disposal was part of the overall process to secure the preservation of the vessel. The Court therefore found that claims under the parties' contract were maritime claims within the scope of the Danish Merchant Shipping Act, s 91(12), corresponding with the Arrest Convention 1952, art 1.1, according to which maritime claims include claims arising out of repair of any vessel.

The arrest was thus allowed as security for a maritime claim of EUR 8 million.