The Rome II Regulation provides exceptions to the main rule of Article 4(1), under which normally the law of the place where the damage occurs applies. For personal injury in Utrecht, Article 4(2) is of great importance: if both the perpetrator and the victim habitually reside in Utrecht, Utrecht – and thus Dutch – law applies. This is crucial for victims of accidents in the Utrecht region, such as cyclists on the canals or around the Dom Tower, and protects them against lower compensation in foreign countries.
Other relevant exceptions
Article 4(3) applies in cases of manifestly closer connections with another legal system, for example if a Utrechter and a perpetrator from a neighbouring country have had business or family ties in the Utrecht-Amsterdam region for years. For product liability, such as defective car parts in Utrecht traffic congestion, Article 5 applies with the law of the place where the damage occurs.
In the case of environmental damage (Article 7), think of incidents along the Utrecht waterways, the victim may choose between the law of the place of damage or the place of the event. Article 14 allows choice of law after the incident, in writing and without prejudice to third parties – handy for Utrecht law firms on Mariaplaats.
Practical example: A Utrechter cycles injured after a collision with a German motorist in Antwerp. If both reside in Utrecht, Dutch law applies with the higher non-pecuniary damage standards often applied by Utrecht courts. Local judges in the District Court of Midden-Nederland carefully weigh the facts.
These rules prevent forum shopping and provide predictability for Utrecht residents in cross-border injury cases, especially given the proximity of Schiphol and the German borders.