[eu]cite

Home› Commercial & Company Law› HGB (EN)

Book 5 · Maritime trade  ›  Subchapter 2 · Salvage › Section 578

Special compensation

(1) If the salvor has carried out salvage measures for a ship that poses a danger to the environment, either by itself or by virtue of its cargo, then the salvor will be entitled to demand special compensation from the owner of that ship in excess of the salvage reward to which the salvor is entitled. The claim to such special compensation arises even if the salved ship and the ship undertaking the salvage measures belong to the same owner.

(2) The amount of the special compensation corresponds to the expenses incurred by the salvor. The term “expenses” as used in sentence 1 covers all expenditures reasonably incurred by the salvor in the salvage measures as well as a fair rate for any equipment and personnel verifiably and reasonably deployed in the salvage measures. In determining the reasonableness of the amount to be assessed for equipment and personnel, the criteria listed in section 577 (1) sentence 2 nos. 8 through 10 are to be considered.

(3) Insofar as the salvor’s salvage measures have prevented or minimised damage to the environment (section 575 (2)), the special compensation payable pursuant to subsection (2) may be increased by up to 30 percent. Notwithstanding sentence 1, the special compensation payable may be increased by up to 100 percent if this is deemed fair and equitable in consideration of the criteria listed in section 577 (1) sentence 2.

←→ also move between sections