Article 5 Rome II deviates for product liability: the law of the place where the product causes damage always applies, regardless of places of residence. This uniformises claims for defective goods, especially relevant for Rotterdam as Europe's largest import gateway.
Application in Case of Injury in Rotterdam
A Chinese product imported via the Rotterdam port, purchased in Germany, causes injury in the port district or during use in the city: Dutch law applies. No exceptions as with general torts.
Product liability covers defective production, design or information. EU Directive 85/374/EEC harmonises, but national nuances remain via Rome II. In Rotterdam we often see claims about defective electronics or chemicals from bulk imports.
Higher compensation possible under Dutch law compared to lower in Eastern Europe. Proof of the defect lies with the victim, which law firms in Rotterdam port areas such as the Merwehaven emphasise.
Case C-183/15: Court confirms strict place-of-the-act rule. Companies strategically locate production, but Rotterdam customs controls play a role in traceability.
Advice for Rotterdam consumers and businesses: document country of purchase and import route via the port for effective claims at the Rotterdam district court.