Article 7 Rome II uniquely regulates environmental damage: the victim chooses between the law of the place where the damage occurs or where the dangerous activity takes place. This protects against cross-border pollution, crucial for Rotterdam as a major port city.
Double choice in Rotterdam context
A factory in Belgium or Germany pollutes the Nieuwe Maas or port areas in Rotterdam: choice between foreign or Dutch law. The victim chooses the most favourable, often with higher compensation under Dutch standards for health and environment.
Includes injury from toxic emissions, property damage to quays, and pure economic loss for Rotterdam businesses. No choice of law before damage occurs.
CJEU in C-20/21: choice must be explicit, with predictability for perpetrators. Dutch courts interpret broadly, fitting Maasvlakte incidents.
Practice: Chemical spills in the Rhine and port accidents such as in the Botlek applied this. Local NGOs and port authorities claim collectively under favourable law, focusing on air quality and water pollution in Rotterdam.