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On 22 August 2008 the coast guard removed the buoys. The Kingdom of the Netherlands (Dutch State) held the owners of the Qubio (“Owners”) liable for the costs (Euro 18,234.40) of placing and removing the two cardinal buoys. The Owners rejected the claim.

The Dutch state said that the costs that it had incurred were costs within the meaning of article 10 of the Dutch Wreck Act and that, pursuant to Art.6:162 Dutch Civil Code, the Owners were liable for those costs.

The Dutch State argued that it followed from the Supreme Court cases Dutch State v August de Meijer, 14 October 1994, NJ 1995, 720 and Dutch State v KMT, 8 March 2002, NJ 2003, 372 that the Owners had done an unlawful act within the meaning of Art.6:162 DCC. In those cases it had been held that the owner of a vessel that sinks in navigable waters, even if he cannot be blamed for the sinking of his vessel, becomes obliged towards the Dutch State to remove the wreck immediately upon his becoming aware of the situation and, if he does not do so, and if the danger of not removing the wreck is so large that the Dutch State is reasonably obliged to remove it, he will be acting unlawfully towards the Dutch State.

Both the court of first instance and the court of appeal rejected the Dutch State’s claim. The Court of Appeal said: