The Brussels I-bis Regulation (EU 1215/2012) complements Rome II by regulating which court is competent and how judgments on personal injury in Utrecht and surrounding areas are recognized cross-border. Rome II determines the applicable law, Brussels I the jurisdiction. In Utrecht cases, such as bicycle accidents on the canals or traffic incidents around the Dom Tower, this is crucial.
Competent Court in Utrecht Context
Article 4: domicile of the defendant. Article 7(2): place where the damage occurs, such as an accident on the Utrechtse Catharijnebaan or in Kanaleneiland. Victims often choose the place of the tort in Utrecht for favorable Dutch law under Rome II, with the District Court of Midden-Nederland as the central player.
Recognition and Enforcement
Judgments are automatically recognized in EU countries (except ex parte decisions). No exequatur procedure since 2015. Challenge is possible in case of breach of public policy. In Utrecht practice: a judgment from the Utrecht District Court on a German incident (Rome II-Dutch law) is enforced in Germany without retrial. Insurers must pay immediately.
For non-EU countries, national law applies, which causes complications in claims after accidents with tourists in Utrecht. Combination with the Hague Convention on forum selection significantly strengthens the position of Utrecht victims.