The Rome II Regulation not only governs applicable law, but also procedural aspects such as burden of proof allocation and limitation periods in personal injury claims from Westland. Article 15 distinguishes: substantive law (liability) follows Rome II, procedural law (evidence) follows the law of the forum. In Westland, with its intensive glasshouse horticulture, we often see claims following accidents involving Polish or Romanian seasonal workers in greenhouses.
Burden of Proof Allocation
The applicable substantive law determines who must provide proof. Under Dutch law, the presumption of fault often lies with the tortfeasor, such as in a fall from scaffolding in a Westland greenhouse complex; Polish law, however, requires a stronger victim statement from the worker.
Limitation Periods
These fall under substantive law (Article 15), with variations: five years in Italy, three in Germany, or two to three years under Polish law for workplace accidents. Exemption due to impossibility, such as language barriers for migrating Westland workers, applies depending on the law.
In the Diamond Services case (C-292/18), the Court confirmed that limitation is substantive. In mixed claims, such as injury from foreign transport to Westland, the law applies per partial claim.
Practice: Westland victim of a Spanish traffic accident during a delivery has only one year under Spanish law; timely proceedings before the court in The Hague is essential. Local lawyers in Westland advise double-checking deadlines and collaboration with international experts.