Rome II Regulation Rotterdam: Which law applies in cross-border personal injury?

The Rome II Regulation (Regulation (EC) No 864/2007) determines which law applies to cross-border non-contractual obligations, such as personal injury in the Rotterdam region. This EU legislation is crucial in traffic accidents, medical errors or other incidents involving international parties, for example if victims from Rotterdam are involved in accidents in Belgium or Germany.

What is the Rome II Regulation?

The Rome II Regulation, in force in all EU Member States (except Denmark) since 11 January 2009, governs private international law for non-contractual matters such as injury claims, product liability and torts. In Rotterdam cases with foreign elements, the District Court of Rotterdam often applies it.

Legal basis

Full name: Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations. It prevails over Dutch law and is directly applicable.

Key articles:

• Article 4 Rome II: Basic rule for tort
• Article 5 Rome II: Product liability
• Article 7 Rome II: Environmental damage
• Article 14 Rome II: Choice of law

Rome II in personal injury in Rotterdam

In incidents involving Rotterdam victims, Rome II determines the applicable law, which affects compensation, reimbursable costs, burden of proof, limitation periods and non-pecuniary damages.

Main rule: Lex loci damni

Article 4(1): Law of the country where the damage occurs. Example: Rotterdam cyclist injured in Antwerp by French driver: Belgian law applies.

Exception: Habitual residence

Article 4(2): If parties from Rotterdam have the same country as habitual residence, that law applies. Example: Two Rotterdam drivers collide in Spain: Dutch law.

Escape clause

Article 4(3): If closer connection with another country, that law applies – applied sparingly by the District Court of Rotterdam.

Scope of application

Choice of law

Article 14: Parties may choose, after the incident or in advance for commercial parties. Expressly or implicitly, with protection for consumers in Rotterdam.

Tips for Rotterdam