The Rome II Regulation (Regulation (EC) No 864/2007) determines which law applies in cross-border non-contractual matters, such as personal injury. For residents of Zoetermeer, this is crucial in accidents abroad, such as during holidays or business trips. This EU legislation assists in traffic accidents, medical errors, or other incidents involving international parties.
What does the Rome II Regulation entail?
This regulation has applied since 11 January 2009 in all EU countries (except Denmark) and governs private international law for non-contractual obligations, including injury claims, product defects, and torts.
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. In Zoetermeer, the District Court of The Hague (district) handles such cases.
Key articles:
- Article 4 Rome II: Basic rule for tort
- Article 5 Rome II: Product liability
- Article 7 Rome II: Environmental damage
- Article 14 Rome II: Choice of law
Application in Zoetermeer personal injury context
In cross-border injury, Rome II determines the relevant national law, impacting:
- Amount of compensation
- Covered costs
- Burden of proof
- Limitation periods
- Pain and suffering compensation
Main rule: Lex loci damni
Article 4(1) Rome II: Law of the country where the damage occurs, regardless of the location of the incident.
Example: A Zoetermeer resident crashes in Belgium with a French cyclist who sustains injury. Belgian law applies to the injury.
Exception: Common habitual residence
Article 4(2): If both parties reside in the same country (e.g., Zoetermeer), that law applies.
Example: Two Zoetermeer residents collide in Spain. Dutch law applies despite the location.
Escape clause
Article 4(3): If a closer connection with another country, that law applies – used sparingly.
Scope of application
| Under Rome II | Not under Rome II |
|---|---|
| Foreign traffic accidents | Contracts |
| Cross-border medical errors | Family law |
| Product liability | Employment law |
| Defamation | Companies |
Choice of law
Article 14: Parties may choose, after the incident or before in commercial relationships. Expressly or clearly from the context. For Zoetermeer residents: consult the Zoetermeer Legal Advice Centre.
Tips for Zoetermeer residents
1. Immediately determine applicable law
Engage a personal injury lawyer via the District Court of The Hague region for quick analysis.
2. Document everything
Photos, witnesses, and medical reports are key for evidence.
3. Local assistance
Visit Juridisch Loket Zoetermeer for free advice on Rome II matters.