Article 7 of the Rome II Regulation uniquely governs environmental damage: the victim may choose between the law of the place where the damage occurred or the law of the place where the harmful event took place. This protects against cross-border pollution, which is particularly relevant for Westland as a greenhouse horticulture hub.
Dual Choice in Westland
A greenhouse complex in Belgium leaks pesticides into Westland’s waters: the victim may choose between Belgian or Dutch law. The victim selects the most favorable option, often resulting in higher compensation for growers and residents.
This includes personal injury from pesticides, property damage to greenhouses, and pure economic loss for greenhouse horticulture. No choice of law may be made prior to the damage occurring. Westland, with its intensive greenhouse construction, frequently experiences soil and water pollution from crop protection measures.
CJEU in Case C-20/21: the choice must be explicit, with predictability for perpetrators. Dutch courts interpret this broadly, favoring local farmers.
In practice: Chemical leaks in Westland’s polders and Rhine-related cases have applied this rule. Local NGOs and cooperatives collectively claim under the most favorable law for growers in Monster and Kwintsheul.