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, also in dynamic cities like Zoetermeer.
Application in Case of Injury in Zoetermeer
A Chinese product purchased in Germany causes injury in Zoetermeer, for example during use in a local distribution centre or at home in the Binckhorst district: Dutch law applies. No exceptions as with tort, which is relevant for the many businesses and residents here.
Product liability covers defective production, design or information. EU Directive 85/374/EEC harmonises, but national nuances remain via Rome II, with specific implications for Zoetermeer's retail and import sector.
Higher compensation in Scandinavia versus lower in Eastern Europe. Proof of defect lies with the victim, crucial for Zoetermeer consumers who often purchase online or via regional webshops.
Case C-183/15: Court confirms strict place-of-harm rule. Businesses on Zoetermeer's industrial estates strategically locate production to minimise risks.
Advice for residents of Zoetermeer: document country of purchase and keep invoices for claims, especially for imports via platforms popular in the region.