Rome II Regulation
The Rome II Regulation is EU legislation that determines which national law applies to non-contractual liability claims, such as injuries from accidents, in cross-border cases within the EU. For Rijswijk residents, it offers clarity on claims after an accident abroad, for example during a holiday from Rijswijk.
What does the Rome II Regulation mean for Rijswijk?
Officially, Regulation (EC) No 864/2007, the Rome II Regulation governs private international law for non-contractual situations, such as traffic accidents, medical errors or product defects. Rijswijk residents with personal injuries from abroad avoid legal complications this way. The rules apply directly in all EU countries (except Denmark) since 11 January 2009 and are essential in cross-border injury cases, where the applicable law determines compensation levels.
Key legal provisions
At the core is Article 4: for torts/delicts, the law of the place where the damage occurs (lex loci damni) applies. For personal injury, this is generally the location of the accident or where the injury manifests.
- Article 4(1): Standard rule for torts.
- Article 5: Traffic accidents follow the law of the vehicle’s registration state, unless parties choose otherwise.
- Article 7: Environmental damage.
- Article 14: Parties may choose the law after the event, subject to restrictions.
Escape clauses (Article 4(3)) point to the law of the common habitual residence if there is a closer connection, relevant for Rijswijk residents with family ties abroad.
Application to personal injury in the Rijswijk context
In cross-border personal injury cases, Rome II determines liability, compensation and limitation periods. A Rijswijk victim of a French traffic accident falls under French law, including pain and suffering awards that may exceed Dutch standards.
| Situation | Applicable law | Example for Rijswijk residents |
|---|---|---|
| Car accident with Rijswijk-registered vehicle in Spain | Dutch law (Art. 5) | Whiplash compensation under Dutch guidelines. |
| Medical error on holiday in Italy | Italian law (Art. 4) | Italian causation requirements apply. |
| German accident, both resident in Rijswijk | Dutch law (Art. 4(3)) | Stronger connection to Rijswijk and the Netherlands. |
Practical examples for Rijswijk
Example: You drive from Rijswijk in a Dutch-registered car to Belgium and injure a local. Article 5 triggers Dutch law due to the registration, limiting pain and suffering for the Belgian party.
Or: A Rijswijk cyclist hit by a French truck on site. Dutch law (lex loci damni) applies, but if both parties reside in France, Article 4(3) may favour French law.
In Austrian ski accidents, Rijswijk District Court judges debate 'direct injury' (Art. 4) based on medical evidence.
Rights and obligations for victims in Rijswijk
Rights:
- Identify the applicable law for your claim.
- Proceed in your home court under Brussels I-bis, e.g. at Rijswijk District Court.
- Authorities such as Rijswijk Municipality must specify the applicable law.
Obligations:
- Gather evidence such as the police report from the location.
- Consult Juridisch Loket Rijswijk for free advice on international personal injury law.
- Watch limitation periods under the applicable law.
Frequently asked questions
Does this apply outside the EU for Rijswijk residents?
No, only in the EU (excluding Denmark). For Switzerland etc., Dutch law applies; consult Juridisch Loket Rijswijk.
Can you choose the law?
Yes, after the event (Art. 14), but it protects the weaker party and not always in injury cases.
Impact on compensation?
Yes: higher in Northern Europe, lower in the South. Key for Rijswijk negotiations with insurers.
Cross-border workers from Rijswijk?
Habitual residence (Art. 4(3), 23) counts; Rijswijk District Court assesses duration of stay.
Tips for Rijswijk residents
Make optimal use of Rome II in personal injury cases:
- On site: Note licence plates, locations, photos; use the European Accident Statement (CID form).
- Seek help: Start at Juridisch Loket Rijswijk for intake on international cases.
- Insurance: Check green card and foreign coverage via Rijswijk Municipality advice.