The Rome II Regulation not only governs the applicable law, but also procedural aspects such as burden of proof allocation and limitation periods in personal injury claims in Amsterdam. Article 15 clearly distinguishes: substantive law (liability) follows Rome II, while procedural law (evidence) is governed by the law of the forum state, such as the Amsterdam District Court.
Burden of Proof Allocation in the Amsterdam Context
The applicable substantive law determines who must provide the proof. Under Dutch law, often applied in claims before the Amsterdam District Court, the presumption of fault lies with the tortfeasor; in contrast to French law, where the victim must provide stronger evidence. Amsterdam law firms frequently encounter this in bicycle accidents involving foreign tourists on the canals.
Limitation Periods for Amsterdammers
Limitation periods fall under substantive law (Article 15), with significant variations per country: five years in Italy, three years in Germany. Exemption due to incapacity depends on the specific legal system. In Amsterdam cases with an international dimension, such as injury from an accident in Spain, the court advises timely verification.
In the Diamond Services case (C-292/18), the Court of Justice confirmed that limitation is a substantive aspect. In mixed claims in Amsterdam, the law applies per partial claim, which leads to complications in cases involving expats or port accidents in the region.
Practical example: An Amsterdam cyclist injured in a Greek traffic accident has only three years under Greek law to litigate. Before the Amsterdam District Court, timely filing is crucial; local lawyers recommend double-checking deadlines and consultation with specialists in the Zuidas.