Article 7 of the Rome II Regulation uniquely governs environmental damage: the victim may choose between the law of the place where the damage occurred or the law of the place where the harmful event took place. This protects against cross-border pollution, which is particularly relevant for Utrecht as a hub of rivers and industry.
Dual Choice in the Utrecht Context
A factory in Germany pollutes the Lower Rhine near Utrecht: the victim may choose between German or Dutch law. The victim selects the most favorable option, often benefiting from higher compensation under Dutch environmental regulations.
This includes personal injury from pollution in Utrecht parks, property damage to houses along the Kromme Rijn, and pure economic loss for local farmers. No choice of law may be made before the damage occurs.
CJEU in Case C-20/21: the choice must be explicit, with predictability for perpetrators. Dutch courts interpret this broadly, which is ideal for cases in Utrecht.
In practice: Chemical leaks in the Rhine region, such as incidents near Werkhoven, have applied this rule. Utrecht-based NGOs and residents file collective claims under the most favorable law, supported by provincial environmental agencies.