The Rome II Regulation governs not only the applicable law, but also procedural aspects such as burden of proof allocation and limitation periods in personal injury claims from Zoetermeer. Article 15 distinguishes: substantive law (liability) follows Rome II, procedural law (evidence) follows the lex fori of the Dutch court, such as in Zoetermeer.
Burden of Proof Allocation
The applicable substantive law determines who must provide proof. Under Dutch law, relevant for Zoetermeer victims, the presumption of fault often lies with the tortfeasor; French law, however, requires a stronger victim statement. Local law firms in Zoetermeer, such as around Stadionplein, emphasize this in cross-border cases.
Limitation Periods
These fall under substantive law (Article 15), with variations per country: five years in Italy, three in Germany. Exemption due to incapacity applies depending on the law. In Zoetermeer, with its international expat community and proximity to Schiphol, claims from holidays or business trips often fail due to these periods.
In the Diamond Services case (C-292/18), the Court confirmed that limitation is substantive. For mixed claims, the law applies per partial claim.
Practical example: A Zoetermeer resident injured in a Greek traffic accident has only three years under Greek law; timely proceedings before the court in The Hague are essential. Jurists in Zoetermeer advise double-checking deadlines and local expertise for Rome II cases.