In traffic accidents in Westland or elsewhere involving local victims, such as greenhouse workers or cyclists on the N213, the Rome II Regulation determines which law applies to non-pecuniary damages and other compensations. Differences between EU countries are significant: Dutch law often provides higher non-pecuniary damage compensations than, for example, German law, which is crucial for Westlanders who travel a lot for work in horticulture.
Application in Practice around Westland
The main rule (Article 4(1)) refers to the law of the place of the tort. An accident in Spain during a Westland growers' holiday with Dutch victims leads to Spanish law with lower non-pecuniary damages rates. But Article 4(2) provides an exception: if there is a common habitual residence in Westland, Dutch law can be applied, resulting in higher compensations.
In Westland, damage items often include medical costs for injuries from truck accidents, loss of income for seasonal workers, and domestic assistance for horticulture families. The burden of proof differs: in Anglo-Saxon systems it lies with the tortfeasor, while continental law, dominant in the Netherlands, is stricter for victims from municipalities such as Naaldwijk or Monster.
Limitation periods vary; three years in the Netherlands versus two in Belgium. Courts in The Hague apply Rome II strictly, inspired by CJEU case C-45/13 where habitual residence was decisive. Local Westland lawyers often see this in accidents on busy roads such as the Oostlaan.
Advice for Westlanders: document habitual residence in Westland and place of the tort carefully for optimal claims. Insurers in the region use Rome II strategically in negotiations over greenhouse and transport accidents.