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The ongoing legal battle between Jan De Nul Group and Mexican authorities over the detention of the dredger Zheng He has drawn significant attention within the maritime and logistics industry. The vessel, owned by European Dredging Company SA, a subsidiary of Jan De Nul Group, was seized on November 1, 2023, by Mexican foreign trade authorities. The authorities controversially classified the dredger as “foreign merchandise,” which led to its impoundment in the Port of Tampico. Jan De Nul Group has staunchly contested this classification, arguing that it is both unlawful and unprecedented.
The Zheng He, sailing under the Luxembourg flag, is a specialized dredging vessel that was under contract to undertake several projects in the Bahamas through late 2023 and into 2024. Due to the seasonal hurricane risks in the region, the vessel sought temporary refuge in the Gulf of Mexico, with plans to return to the Bahamas in December 2023. During this period, the ship requested permission from Mexican authorities to make a stop at Tampico for a crew change, garbage disposal, and preventive maintenance—standard maritime procedures recognized and protected under the United Nations Convention on the Law of the Sea (UNCLOS).
However, what should have been a routine operation turned into a protracted legal quagmire. On February 14, 2024, the Zheng He was declared the property of the Mexican federal tax authority, and a hefty fine of over 1.6 billion MXN (approximately 78 million EUR) was imposed—a move Jan De Nul Group deems illegal and disproportionate.
Despite a favorable ruling from a Mexican court on March 25, 2024, which confirmed that the Zheng He was legally present in Tampico and that irregularities had occurred during the initial search, the vessel remains detained. The court’s decision validated Jan De Nul Group’s stance but failed to secure the release of the ship, leaving the dredger in legal limbo.
Jan De Nul Group has committed to continuing all necessary actions to protect its crew and assert its property rights, including pursuing the matter at the International Tribunal for the Law of the Sea (ITLOS) under the aegis of the United Nations. Luxembourg, the ship’s flag state, has also initiated proceedings with ITLOS, seeking guarantees for the crew’s safety and wellbeing.
While the legal wrangling continues, Jan De Nul Group has reassured that the crew aboard the Zheng He remains safe and well-cared for, with regular provisions and crew rotations maintained. In response to the situation, Luxembourg has formally requested Mexico to ensure the physical and mental welfare of the crew, a commitment that Mexico has acknowledged in writing to ITLOS.
This case has spotlighted the complexities of maritime law and the challenges faced by international operators when navigating foreign legal systems. The outcome of this dispute could set a significant precedent for how such cases are handled in the future, especially concerning the classification of vessels as merchandise.
