The Rome II Regulation (Regulation (EC) No 864/2007) determines which law applies in cross-border non-contractual matters, such as personal injury in Westland. This EU legislation is crucial in accidents involving international parties, for example in greenhouse horticulture or during holidays.
What does the Rome II Regulation entail?
The Rome II Regulation has applied since 11 January 2009 in all EU countries (except Denmark) and regulates private international law for non-contractual liability, including injury from traffic accidents, medical errors or tortious acts.
Legal basis
Full title: Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations. It is directly applicable and prevails over Dutch law.
Key articles:
- Article 4 Rome II: Basic rule for tort
- Article 5 Rome II: Product liability
- Article 7 Rome II: Environmental damage, relevant for Westland
- Article 14 Rome II: Choice of law
Application of Rome II to personal injury in Westland
In cases of injury with cross-border elements, such as a Polish seasonal worker injured in a Westland company, Rome II determines the applicable law. This affects:
- Amount of compensation
- Reimbursable costs
- Burden of proof
- Prescription
- Pain and suffering compensation
Main rule: Lex loci damni
Article 4(1): Law of the country where the damage occurs. Example: A Westland transport accident in Belgium with a Dutch driver – Belgian law applies to the injury.
Exception: Common habitual residence
Article 4(2): If both parties reside in the Netherlands (Westland), Dutch law applies, even in an accident in Spain.
Escape clause
Article 4(3): If a closer connection with another country, such as family ties in Westland, that law may prevail – applied sparingly by the District Court of The Hague.
Scope of application
| Under Rome II | Not under Rome II |
|---|---|
| Cross-border traffic accidents | Contracts |
| Injury in horticulture (Westland-specific) | Family law |
| Medical errors EU-wide | Labour law |
| Environmental damage greenhouses | Companies |
| Tort | Succession law |
Choice of law
Article 14: Parties can choose after the incident, or in advance for commercial parties (e.g. Westland exporters). Expressly or clearly from the context.
Tips for Westland
1. Assess immediately
Engage a personal injury lawyer via the District Court of The Hague (district) or Juridisch Loket Westland to determine the applicable law – crucial for claims.
2. Document
Collect evidence of habitual residence and place of damage.
3. Local help
Contact Juridisch Loket Westland for free advice on international personal injury cases.