The Rome II Regulation provides exceptions to the main rule of Article 4(1), under which normally the law of the place where the damage occurs applies. For personal injury in Rotterdam, a bustling port city with much international traffic, Article 4(2) is of great importance: if both the perpetrator and the victim habitually reside in Rotterdam, Dutch law of the place of residence applies. This is crucial in accidents on the busy Erasmus Bridge or A20, where local victims are protected against lower foreign compensation amounts.
Other relevant exceptions
Article 4(3) applies in cases of manifestly closer connection with another legal system, for example due to family ties or joint residence in the Rotterdam region. For product liability, such as defective cargo in the Maasvlakte, Article 5 applies with the law of the place where the product causes damage.
In the case of environmental damage around the Rotterdam port (Article 7), the victim may choose between the law of the place of damage or the place of the event. Article 14 allows choice of law after the incident, in writing and without prejudice to third parties.
Practical example: A Rotterdam port worker on a bicycle is hit by a German truck driver on the Willemsbrug. If both reside in Rotterdam, Dutch law applies with more generous non-pecuniary damage standards. Rotterdam judges, familiar with port accidents, give significant weight to local facts.
These rules prevent forum shopping and provide predictability in the internationally oriented Rotterdam practice, where shipping and logistics bring daily risks.