Rome II Regulation Utrecht: Which law applies in cross-border personal injury?

The Rome II Regulation (Regulation (EC) No 864/2007) determines which law applies in cross-border non-contractual matters, such as personal injury in Utrecht or elsewhere. This EU rule is crucial for traffic accidents, medical errors or other incidents involving international parties, relevant for residents of Utrecht.

What does the Rome II Regulation entail?

This regulation has applied since 11 January 2009 in all EU countries (except Denmark) and regulates private international law for non-contractual obligations, including injury claims and torts.

Legal basis

Full title: Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations. It is directly applicable and prevails over Dutch law.

Key articles:

• Article 4 Rome II: Basic rule for tort
• Article 5 Rome II: Product liability
• Article 7 Rome II: Environmental damage
• Article 14 Rome II: Choice of law

Application of Rome II to personal injury in Utrecht

In incidents with cross-border elements, such as an accident in Belgium involving a resident of Utrecht, Rome II determines the applicable law. This affects:

• Amount of compensation
• Compensable heads of damage
• Burden of proof
• Limitation periods
• Pain and suffering compensation

Main rule: Lex loci damni

Article 4(1) Rome II: Law of the country where the damage occurs, regardless of the location of the event. Example: Utrecht cyclist injured in Antwerp – Belgian law applies.

Exception: Common habitual residence

Article 4(2): If both parties habitually reside in the same country (e.g. Utrecht), that law applies, even if the accident occurs elsewhere. Two Utrecht drivers crash in Spain: Dutch law.

Escape clause

Article 4(3): If there is a manifestly closer connection with another country, that law applies – used sparingly.

Scope of application

Under Rome II	Not under Rome II
Cross-border accidents	Contracts
Medical errors abroad	Family law
Product liability	Employment contracts
Online defamation international	Companies

Choice of law

Article 14: Parties may choose, after the incident or before (for commercial parties). Must be explicit; protection for consumers in Utrecht.

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