The Rome II Regulation (Regulation (EC) No 864/2007) governs which law applies to cross-border non-contractual obligations, such as personal injury. For residents of Rijswijk, this is crucial in accidents abroad, handled by the Rechtbank Den Haag (Rijswijk district). Consult the Juridisch Loket Rijswijk for free advice.
What does the Rome II Regulation entail?
This EU regulation, in force since 11 January 2009 in all Member States (except Denmark), determines the private international law for personal injury, product liability and torts. In Rijswijk, cases fall under the Rechtbank Den Haag.
Legal basis
Full title: Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations. It prevails over Dutch law and is directly applicable.
Key articles:
- Article 4 Rome II: Basic rule for tort
- Article 5 Rome II: Product liability
- Article 7 Rome II: Environmental damage
- Article 14 Rome II: Choice of law by parties
Application of Rome II to personal injury in Rijswijk
In cross-border incidents, such as an accident in Belgium involving a Rijswijk victim, Rome II determines the applicable law. This affects:
- Amount of compensation
- Heads of damage covered
- Burden of proof
- Limitation periods
- Pain and suffering compensation
Main rule: Lex loci damni
Article 4(1): Law of the country where the damage occurs. Example: Rijswijk resident injured in Spain? Spanish law applies, regardless of where the fault occurred. Case at Rechtbank Den Haag.
Exception: Common habitual residence
Article 4(2): If parties share a habitual residence, that law applies. Example: Two Rijswijk residents collide in Italy: Dutch law via Rechtbank Den Haag.
Escape clause
Article 4(3): If a closer connection with another country, that law applies. Used sparingly in Rijswijk cases.
Scope of application of Rome II
| Under Rome II | Not under Rome II |
|---|---|
| Foreign traffic accident | Contracts |
| Cross-border medical error | Family law |
| Product defects | Employment law |
| Online defamation | Companies |
Choice of law under Rome II
Article 14: Parties may choose, after the incident or before (for commercial parties). Expressly or clearly. Protection for Rijswijk consumers via Juridisch Loket.
Tips for Rijswijk victims
1. Determine applicable law immediately
Engage a personal injury lawyer for analysis. Affects payout at Rechtbank Den Haag.
2. Gather evidence
Document place of damage and habitual residences.
3. Seek help
Visit Juridisch Loket Rijswijk for initial advice on Rome II.