A legal battle is underway between German automaker BMW and a group of Rotterdam entrepreneurs over the fate of 260 brand-new BMWs that were salvaged from the burning cargo ship Fremantle Highway last year in the Eemshaven port.
In July 2023, the car carrier Fremantle Highway caught fire while sailing above the Waddenzee, carrying over 3,700 vehicles. The ship was initially towed to a temporary location at sea north of Ameland and Schiermonnikoog. After the fire was extinguished, the vessel was brought to the Eemshaven in Groningen, where the cars were extracted.
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A consortium of Rotterdam-based entrepreneurs and businesses managed to acquire the BMWs through an intermediary who had purchased them from a Taiwanese insurance company.
Upon learning that the fire-damaged BMWs were being put up for sale in late 2023, BMW took action, filing a preliminary injunction in December. The automaker cited safety concerns and feared significant reputational damage if any issues arose with the vehicles.
After six months of waiting, the Rotterdam consortium approached the court in The Hague on Monday, demanding the lifting of the injunction. They aim to sell the BMWs promptly, maintaining that the cars have not sustained major damage. “There was only soot on the cars,” the entrepreneurs’ lawyer stated during the hearing.
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BMW, however, holds a different view. “The risks associated with these total loss declared cars are enormous,” argued the automaker’s lawyer. “Those risks should not be underestimated.” They claim that the wiring, paint, and metal components were compromised by the fire, rendering the vehicles unsafe. Audi and Mercedes, they pointed out, also sent their salvaged cars from the Fremantle Highway to recycling facilities.
During the court hearing, the Rotterdam consortium proposed a compromise: selling the 260 BMWs in countries outside Europe where automotive quality standards are less stringent. This, they argued, would minimize the risk of reputational damage for BMW. However, BMW remains uninterested in this solution.
The court is expected to issue its ruling on July 15th.
