The Rome II Regulation provides 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 Zoetermeer, Article 4(2) is of great importance: if both the perpetrator and the victim habitually reside in Zoetermeer, Dutch law of Zoetermeer applies, even in accidents just across the border. This provides extra protection to local residents, for example in cycling accidents in the polders around Zoetermeer.
Other relevant exceptions
Article 4(3) applies in cases of manifestly closer connections with another legal system, such as family ties or a joint home in Zoetermeer. For vehicles and product liability, Article 5 applies, with the law of the place where the product caused damage, relevant for incidents on the A12 near Zoetermeer.
In case of environmental damage (Article 7), the victim may choose between the law of the place of the damage or the event, think of pollution around Zoetermeer's Buytenwegh. Article 14 allows choice of law after the incident, in writing and without prejudice to third parties.
Practical example: A cyclist from Zoetermeer's Seghwaert neighbourhood is injured in Belgium by a French motorist. If both live in Zoetermeer, Dutch law applies with higher non-pecuniary damage standards. Local judges in The Hague give significant weight to the facts.
These rules prevent forum shopping and increase predictability for Zoetermeer cross-border commuters and daily travellers.