The Rome II Regulation governs not only the applicable law, but also procedural aspects such as burden of proof allocation and limitation periods in personal injury claims, relevant for residents of Rijswijk. Article 15 distinguishes: substantive law (liability) follows Rome II, procedural law (evidence) follows the lex fori of the District Court of The Hague, which has jurisdiction for Rijswijk.
Burden of Proof Allocation
The applicable substantive law determines who must provide proof. Under Dutch law, often applicable to Rijswijk claims, the presumption of fault lies with the tortfeasor; French law, however, requires a stronger victim statement. Rijswijk law firms, such as those on Laan van Wateringsveld, emphasise this in cross-border accidents.
Limitation Periods
These fall under substantive law (Article 15), with variations: five years in Italy, three in Germany. In the Netherlands, generally five years apply, but exemption due to inability depends on the specific law. For Rijswijk cyclists or motorists involved in foreign incidents, timely filing with the subdistrict court is crucial.
In the Diamond Services case (C-292/18), the Court of Justice confirmed that limitation is substantive. In mixed claims, the law applies per partial claim. A Rijswijk resident injured in an accident in Belgium must, for example, respect the Belgian three-year period.
Practical advice for Rijswijk: Victims of a Spanish traffic accident have only one year under Spanish law; local lawyers in Rijswijk recommend double-checking deadlines and litigating via the Hague court for efficiency.