Rome II Regulation
The Rome II Regulation is an EU rule that determines which national law applies to non-contractual damage claims, such as personal injury, in cross-border cases within the EU. For Rotterdam residents, it offers clarity in accidents in the port or while traveling, for example involving foreign ships or holidays.
What does the Rome II Regulation mean for Rotterdam?
Officially Regulation (EC) No 864/2007, the Rome II Regulation governs private international law for damage from torts, such as traffic accidents, medical errors, or product defects without a contract. As a Rotterdam resident injured in an incident with a foreign truck in the city or on a trip, it avoids legal complications. The rule applies directly in EU countries (except Denmark) since January 11, 2009, and is essential for cross-border personal injury, where the applicable law determines compensation.
Key legal provisions
At its core is Article 4: for torts, the law of the place where the damage occurs (lex loci damni) applies. For personal injury, this is often the accident location or where the injury manifests, which is relevant at Rotterdam District Court.
- Article 4(1): Standard rule for torts.
- Article 5: Traffic accidents – law of the vehicle’s registration state, unless otherwise chosen.
- Article 7: Environmental damage, such as in the Port of Rotterdam.
- Article 14: Choice of law after the tort, subject to conditions.
Escape clauses (Article 4(3)) point to the law of the common habitual residence if it provides a closer connection, which is useful for port workers with international ties.
Application to personal injury in a Rotterdam context
In practice, Rome II determines liability, compensation, and limitation periods for personal injury. A Rotterdam resident injured in a French traffic accident falls under French law, which may allow higher non-material damages than in the Netherlands.
| Situation | Applicable law | Rotterdam example |
|---|---|---|
| Accident with Dutch ship in Belgium | Dutch law (Art. 5) | Port worker claims under Dutch whiplash rules at Rotterdam District Court. |
| Medical error on Italian holiday | Italian law (Art. 4) | Rotterdam resident assesses causation under Italian standards. |
| Incident in Germany, both from Rotterdam | Dutch law (Art. 4(3)) | Stronger connection to Rotterdam habitual residence. |
Practical examples for Rotterdam residents
Example: You sail on a Dutch ship from Rotterdam to Belgium and collide, injuring a Belgian. Article 5 selects Dutch law based on registration, so Belgian claims follow Rotterdam pain and suffering limits.
Or: A Rotterdam cyclist in the port is hit by a German truck. Dutch law applies (lex loci damni), but if there is a common French habitual residence, Article 4(3) may activate French law.
In ski accidents in Austria, courts including Rotterdam District Court debate 'direct injury' (Article 4) based on medical evidence.
Rights and obligations for victims
Rights:
- Know the applicable law for your claim.
- Litigate at your habitual residence (Brussels I-bis), such as Rotterdam District Court.
- Authorities like Rotterdam Municipality must indicate the applicable law.
Obligations:
- Gather evidence: police report and photos.
- Visit Rotterdam Legal Aid Office for international advice.
- Watch limitation periods under the applicable law.
Frequently asked questions
Does this apply outside the EU?
No, only EU (excluding Denmark). For Switzerland or Turkey: Dutch rules like the Traffic Accidents Conflicts of Law Act, check with Rotterdam Legal Aid Office.
Can you choose the law?
Yes, after the tort (Art. 14), but not to the detriment of the weaker party and not for personal injury without choice.
Impact on compensation?
Yes: higher in Northern Europe, lower in the South. Crucial for Rotterdam residents in negotiations.
Frontier workers or expats?
Habitual residence counts (Art. 4(3), 23). Rotterdam District Court assesses duration and intention.
Tips for Rotterdam residents
Make optimal use of Rome II:
- Act immediately: Note details, locations, photos, and complete the European Accident Statement (CID).
- Expert help: Call Rotterdam Legal Aid Office for free initial advice on international injury claims.
- Check insurance: Verify policy coverage for abroad and report to Rotterdam Municipality if needed.