The Rome II Regulation provides for various exceptions to the main rule of Article 4(1), which applies the law of the place where the damage occurs. For personal injury in Rijswijk, a dynamic municipality near The Hague, Article 4(2) is of great importance: if both the tortfeasor and the victim habitually reside in Rijswijk, the Dutch law of the place of habitual residence applies. This offers extra protection to Rijswijk victims in local accidents, such as cyclists on the well-known Laan van Wateringse Veld.
Other relevant exceptions
Article 4(3) allows for a flexible exception when there is a manifestly closer connection with another legal system, for example due to family ties or a common habitual residence outside Rijswijk. For vehicles and product liability, Article 5 applies, with the law of the place where the product caused the damage, relevant for incidents on industrial estates such as RijswijkBuiten.
In the case of environmental damage (Article 7), the victim may choose between the law of the place of the damage or of the event, think of possible pollution around Rijswijk station. Article 14 allows choice of law after the incident, provided it is recorded in writing and not contrary to the interests of third parties.
Practical example: A cyclist from Rijswijk is injured in Belgium by a French motorist. If both reside in Rijswijk, Dutch law applies with its often higher non-pecuniary damage standards. Local judges in The Hague District Court give significant weight to such facts in cross-border injury cases.
These exceptions limit forum shopping and increase predictability, especially in Rijswijk with its international expat community and proximity to Schiphol and Rotterdam.