The Brussels I-bis Regulation (EU 1215/2012) complements Rome II by governing which court has jurisdiction and how judgments on personal injury in Rotterdam and its surroundings are recognised across borders. Rome II determines the applicable law, while Brussels I governs jurisdiction – crucial for victims of busy port accidents or Maasvlakte incidents.
Competent Court in the Rotterdam Context
Article 4: domicile of the defendant. Article 7(2): place where the damage occurs, such as in an accident on the A15 or in the port of Rotterdam. Victims often choose the place of the tort to benefit from favourable Dutch law, with the District Court of Rotterdam being a popular forum for personal injury cases from Belgium or Germany.
Recognition and Enforcement
Judgments are automatically recognised in EU countries (excluding ex parte decisions). No exequatur procedure has been required since 2015. Challenges are possible in cases of violation of public policy.
Practical example: A Rotterdam court issues a judgment on personal injury following a Belgian lorry accident (applying Dutch law under Rome II), which is enforced in Antwerp without repetition. Insurers of international shipping companies must pay directly. In Rotterdam cases involving German shipowners, recognition proceeds smoothly via Brussels I-bis.
For non-EU countries, national law applies, which creates complications for claims from the UK post-Brexit. The combination with the Hague Convention on Choice of Court Agreements strengthens the position of personal injury victims in Rotterdam.