In traffic accidents in Utrecht or on the A2 and A12 around the city, the Rome II Regulation determines which law applies to non-pecuniary damages and other compensation for damage. Differences between EU countries are significant: Utrecht law, based on Dutch civil law, often provides higher non-pecuniary damage compensations than, for example, German law in adjacent areas.
Application in Utrecht Practice
The main rule of Article 4(1) Rome II refers to the law of the place of the tort. A collision on Utrecht's Biltstraat with Dutch victims from the city leads to Dutch law, with favourable rates. But an accident in Germany during a trip from Utrecht activates German law with lower non-pecuniary damages levels. The exception in Article 4(2) can apply Utrecht law if the parties have a common habitual residence.
In Utrecht cases, damage costs include local medical expenses at UMC Utrecht, loss of income for commuters and domestic assistance. The burden of proof in continental law is strict for victims, unlike in Anglo-Saxon systems. Limitation periods: three years in the Netherlands, versus two years in Belgium for cross-border claims.
Courts in Utrecht apply Rome II strictly, inspired by CJEU case C-45/13 where habitual residence was crucial. Local district judges see many bicycle accidents in the city centre and toll road incidents.
Advice for Utrecht residents: Document habitual residence in the Domstad and place of the tort carefully for maximum claims. Insurers in the region use Rome II strategically in negotiations at the District Court of Midden-Nederland.