The Brussels I-bis Regulation (EU 1215/2012) complements Rome II by regulating which court is competent and how judgments on personal injury in Amsterdam and surrounding areas are recognized cross-border. Rome II selects the law, Brussels I the jurisdiction, with specific relevance for Amsterdam courts such as the District Court of Amsterdam.
Competent Court in the Amsterdam Context
Article 4: domicile of the defendant. Article 7(2): place where the damage occurs, such as an accident on the busy Ring A10 or in the center of Amsterdam. Victims often choose the place of the tort, such as Amsterdam, for favorable Dutch law under Rome II, with expertise at the local court in cases involving bicycle accidents or tram incidents.
Recognition and Enforcement
Judgments are automatically recognized in EU countries (except ex parte decisions). No exequatur procedure since 2015. Challenge possible in case of breach of public policy. In Amsterdam practice, a judgment from the District Court of Amsterdam regarding a German traffic accident (Rome II-Dutch law) is effortlessly enforced in Germany, without repetition of the procedure. Insurers must pay immediately.
For non-EU countries, national law applies, which causes complications, but the combination with the Hague Convention on choice of forum strengthens the position of Amsterdam personal injury lawyers in international claims.