Article 7 Rome II uniquely regulates environmental damage: the victim chooses between the law of the place where the damage occurs or where the dangerous activity takes place. This protects in cases of pollution in Rijswijk and surrounding areas.
Double Choice in Rijswijk Context
A factory in Belgium pollutes the Vliet river near Rijswijk: choice between Belgian or Dutch law. The victim chooses the most favourable, often with higher compensation for local residents.
Includes personal injury, property damage to houses along the river and pure economic loss for Rijswijk businesses. No choice of law before the damage occurs.
CJEU in C-20/21: choice must be explicit, with predictability for perpetrators. Dutch member states interpret broadly, relevant for industrial zones in Rijswijk-ZH.
Practice: Chemical leaks in nearby Vliet and Rhine cases applied this. Local NGOs in Rijswijk claim collectively under favourable law, supported by the municipality.