The Brussels I-bis Regulation (EU 1215/2012) complements Rome II by regulating which court is competent and how judgments on personal injury in Westland are recognized cross-border. Rome II selects the law, Brussels I the jurisdiction. In Westland, with its intensive glasshouse horticulture and busy traffic routes such as the N207, we often see claims following accidents in greenhouses or on the road.
Competent Court
Article 4: domicile of the defendant, for example a grower in 's-Gravenzande. Article 7(2): place where the damage occurs, such as a fall accident in a Poeldijk greenhouse. The victim often chooses the place of the tort in Westland for favorable Dutch law under Rome II.
Recognition and Enforcement
Judgments are automatically recognized in EU countries (except ex parte decisions). No exequatur procedure since 2015. Challenge possible in case of breach of public policy.
Practice: Westland judgment on injury from a Belgian transport accident (Rome II-Dutch law) is enforced in Belgium without retrial. Insurers of international carriers must pay. In Westland, this simplifies claims for seasonal workers from Eastern Europe.
For non-EU countries, national law applies, which causes complications in claims involving Turkish or Moroccan parties. Combination with the Hague Convention on forum selection strengthens the position of Westland victims.