Article 5 Rome II deviates for product liability: the law of the place where the product causes damage always applies, regardless of places of residence. This uniformises claims for defective goods, crucial for Westland as the heart of Dutch horticulture.
Application in Injury Cases in Westland
A Chinese irrigation system purchased in Germany causes injury on a nursery in Westland: Dutch law applies. No exceptions as in tort, even for imports for ornamental or vegetable cultivation.
Product liability covers defective production, design or information, such as defective foils or sensors in greenhouses. EU Directive 85/374/EEC harmonises, but national nuances remain via Rome II, with Westland companies as major importers.
Higher compensation in the Netherlands versus lower in Eastern Europe. Proof of defect lies with the victim, often a grower from Naaldwijk or Monster.
Case C-183/15: Court confirms strict place-of-harm rule. Westland companies strategically localise production to limit risks.
Advice for Westland entrepreneurs: document country of purchase and thoroughly test imported products for claims via the court in The Hague.