Disciplinary Cases Seafarers Act

Advocates willing to take instructions in disciplinary cases pursuant to the Dutch Seafarers Act (Wet Zeevarenden)

Masters and ship's officers of the Netherlands in Europe and in the Caribbean Netherlands are subject to disciplinary jurisdiction under the Dutch Seafarers Act in respect of any act or omission contrary to their duty as a good seaman towards the persons on board, the ship, the cargo, the environment or shipping traffic.

The disciplinary jurisdiction is exercised by the Maritime Disciplinary Court (Tuchtcollege voor de Scheepvaart) and, on appeal, by the Trade and Industry Appeals Tribunal.

A disciplinary case before the Maritime Disciplinary Court is instituted by an application submitted by the Minister of Infrastructure & Water Management or by a complaint of an interested party. A complainant may request the Secretary of the Court to assist him in formulating the complaint.

The Chairman of the Maritime Disciplinary Court may decide to open a preliminary investigation which will be carried out by one or more Members or Deputy Members, or by the Secretary or Deputy Secretary of the Court. Those commissioned with the preliminary investigation have the authority to interrogate the complainant, and the master or ship’s officer concerned.

When the Chairman is of the opinion that the subject of an application or a complaint may settled amicably, he may summon the Minister or the complainant and the master or ship’s officers concerned to attempt to reach such a settlement.

The Maritime Disciplinary Court is notified without delay of applications and complaints which have not been summarily rejected by the Chairman or which have have not been settled amicably. When the Court starts processing the application or complaint, the Secretary of the Court so notifies the master or ship’s officer concerned in writing. The master or ship’s officer concerned may submit a statement of defence within six weeks from the date of the written notification. The Chairman of the Court may extend this period at the request of the master or ship’s officer concerned.

Those who have submitted an application or complaint may be represented by an agent or assisted by an advocate at the oral hearing of the Maritime Disciplinary Court. The master of ship’s officer concerned may be assisted by an advocate. The Court will enable the master or ship’s officer concerned and his advocate to examine all documents relating to the case at least two weeks before the hearing

The assistance of an advocate may be helpful for various reasons and at different moments during a disciplinary case. One may think of:

Formulating an official complaint;
The hearing of the complainant, and the master or ship's officer concerned during the preliminary investigation;
The attempt to come to an amicable settlement;
The submission of a statement of defence by the master of ship's officer concerned;
Assistance at the hearing

The following members of the NVV who are admitted as advocate to the Dutch Bar Association have indicated that they are willing to assist complainants and masters or ships officers concerned in disciplinary cases. By clicking on the name of the advocate you will be forwarded to a page on the website of the Dutch Bar Association which will provide the office and contact details of the respective advocates.

Mr. H.C.A. van der Houven van Oordt

Mr. J.F.M.J. Mathijsen

Mr. Y.M.M. Ooijkaas

Mr. P.A.M. Seck

Mr. A.J. van Steenderen

Mr. C.J. van Steenderen

Mr. J.J. van de Velde

Mr. P. van der Velden

Mr. M. Verhagen

Mr. T.C. Wiersma

Mr. O. Yesildag

Please note. The advocates named above are members of the NVV. There may be other advocates who are not a member of the NVV who could assist with disciplinary cases under the Dutch Seafarers Act.

Please note. The information on this page is merely intended as a friendly gesture to parties interested in disciplinary cases under the Dutch Seafares Act. The NVV, nor its board or staff members guarantee that the information provided is correct, complete or up to date. No rights can be derived from this information. The information is not intended as legal advice. No guarantees are given with regard to the quality of the assistance that may be provided by the advocates listed. Every liability for loss or damage, of whatever nature (including economic loss) which may be connected to (the direct or indirect consequences of) inaccurate or incomplete information, or the use of the information provided here is excluded.