Article 7 Rome II uniquely regulates environmental damage: the victim chooses between the law of the place where the damage occurs or where the dangerous activity takes place. This protects in cases of pollution in Zoetermeer and surrounding polders.
Double choice
A factory in Zoetermeer or nearby The Hague pollutes local waterways such as the Amstel or recreational areas: choice between Dutch law or that of the place of the activity. The victim chooses the most favourable, often with higher compensation for local residents.
Includes injury from exposure, property damage to gardens and houses, and pure economic loss for agricultural businesses in the region. No choice of law before the damage occurs.
CJEU in C-20/21: the choice must be explicit, with predictability for perpetrators. Dutch courts interpret broadly, fitting Zoetermeer's industrial zones.
Practice: Chemical leaks in Zoetermeer companies or Rhine cases with local impact applied this. Local NGOs and residents' groups claim collectively under favourable law for cleanup and compensation.