The Rome II Regulation not only governs the applicable law, but also procedural aspects such as the allocation of the burden of proof and limitation periods in personal injury claims, relevant for Rotterdam port workers and travellers. Article 15 distinguishes: substantive law (liability) follows Rome II, procedural law (evidence) follows the law of the forum of the Rotterdam court.
Allocation of the Burden of Proof
The applicable substantive law determines who must provide proof. Under Dutch law, as applied in Rotterdam, the presumption of fault often lies with the tortfeasor; in contrast, French law requires a stronger victim statement, which creates complications for claims following incidents on the Maasvlakte.
Limitation Periods
These fall under substantive law (Article 15), with variations: five years in Italy, three in Germany. In Rotterdam cases with international aspects, such as accidents on cruise ships in the port, exemption due to impossibility applies depending on the law.
In the Diamond Services case (C-292/18), the Court confirmed that limitation is substantive. In mixed claims, typical for Rotterdam logistics chains, the law applies per partial claim.
Practical example: A Rotterdam port worker injured in a Belgian transport accident has only one year under Belgian law; timely proceedings before the Rotterdam District Court are essential. Local lawyers in the Maasstad region advise double-checking deadlines and collaboration with EU partners.