On 16 July 2017, shipowner B grounded his sailing boat and was unable to get the boat free from the ground. A passed by in his sailing boat and rendered assistance, after which B’s boat was freed and was able to enter the harbour under its own engine power.

Since B’s insurance company refused to pay salvage payment, A initiated proceedings against B with a claim for DKK 58,000.

Held: Claim dismissed.

During the proceedings, the parties agreed that there was a custom amongst amateur sailors of assisting each other without claiming for salvage payment, but merely in exchange of a smaller endowment. Yet, the parties disagreed on the extent of the assistance which fell within the scope of this custom. Therefore, the main question before the Court was whether B's sailing boat had been 'in danger', and whether A was therefore entitled to receive a salvage award for his assistance to B.

A claimed that B's boat had been 'in danger'. In order to prove his claim, A submitted photos of the rocks, data of the water depth, and a weather report which showed the wind conditions on 16 July 2017. He claimed that due to the conditions at the time where B's sailing boat grounded, the boat had been in danger of damage.

B claimed that his boat had at no point been in danger of shipwreck or damage, and that neither the crew's life nor their health had been endangered. The assistance rendered by A was a usual and natural part of being an amateur sailor. Such assistance would usually require a smaller endowment, but no salvage payment.

Section 445(1) of the Danish Merchant Shipping Act (the Act), corresponding with arts 12.1 and 13.3 of the Salvage Convention 1989, provides that salvage operations which have had a useful result give right to a reward. According to the definition in s 441(1)(a) of the Act, corresponding with art 1.a of the Salvage Convention 1989, a salvage operation means 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 Court stated that according to case law and the preparatory documents preceding the Act, the salvaged vessel must have been in danger of being wrecked or considerably damaged, just as the vessel must have been unable to rescue itself on its own. On the basis of the evidence submitted in the case, the Court considered that B's sailing boat had not been able to get free without outside assistance. However, the Court did not find proof that B's sailing boat had been in danger of being wrecked or considerably damaged if it had been left where it had grounded. Therefore, the Court did not find reason to consider B's sailing boat to be 'in danger', as provided for in s 441(1)(a) of the Act.