Article 5 Rome II deviates for product liability: the law of the place where the product caused damage always applies in Utrecht, regardless of the parties' places of residence. This uniformises claims for defective goods, relevant for Utrecht consumers and businesses.
Application in Case of Injury in Utrecht
A Chinese product purchased in Germany causes injury during use in a Utrecht home or on the Utrechtse Heuvelrug: Dutch law applies, with proceedings at the Rechtbank Midden-Nederland in Utrecht. No exceptions as with general torts.
Product liability covers defective production, design or insufficient warnings. EU Directive 85/374/EEC harmonises rules, but national nuances via Rome II play a role, especially in provinces like Utrecht with much import retail such as at IKEA or electronics stores in Hoog Catharijne.
Higher compensation possible under Dutch law compared to lower in Eastern Europe. Proof of the defect lies with the victim, which is crucial for Utrecht personal injury lawyers.
Case C-183/15: Court confirms strict place-of-the-act rule, with implications for Utrecht importers. Companies strategically locate production to limit risks.
Advice for Utrecht consumers: document country of purchase and place of damage for claims at local cantonal courts or expert institutes.