The Rome II Regulation provides for various exceptions to the main rule of Article 4(1), under which normally the law of the place where the damage occurs applies. For personal injury in Westland, a region with many greenhouse workers and cross-border traffic, Article 4(2) is of great importance: if both the perpetrator and the victim habitually reside in Westland, Dutch law of Westland applies. This offers protection to local victims in accidents in the 'home area', such as on the N213 or in the horticultural sector.
Other Relevant Exceptions
Article 4(3) allows for a flexible exception when there are manifestly closer ties to another legal system, for example due to family ties between Westland horticulturists and foreign seasonal workers or common habitual residence in the region. For vehicles and product liability, Article 5 applies, with the law of the place where the product causes damage, relevant for transport accidents around Poeldijk or 's-Gravenzande.
In the case of environmental damage, such as incidents in Westland's greenhouse complexes (Article 7), the victim may choose between the law of the place of the damage or of the event. Article 14 allows choice of law after the incident, provided it is in writing and not contrary to the interests of third parties.
Practical example: A Westland cyclist from Monster is injured in Belgium by a French truck driver delivering to local greenhouses. If both reside in Westland, Dutch law applies with higher non-pecuniary damage standards. Westland judges, familiar with regional dynamics, weigh the facts heavily in application.
These exceptions limit forum shopping and increase predictability for Westland entrepreneurs and residents in international injury cases.