Article 7 of the Rome II Regulation uniquely governs environmental damage: the victim may choose between the law of the place where the damage occurred or the law of the place where the harmful event took place. This provides protection in cases of cross-border pollution, such as in Amsterdam’s port activities.
Dual Choice in the Amsterdam Context
A factory in Rotterdam or Germany pollutes the IJ or the Amstel: the victim may choose between Dutch law or foreign law. Victims in Amsterdam opt for the most favorable law, often resulting in higher compensation under Dutch regulations.
This includes personal injury to residents, property damage to warehouses, and pure economic loss for local businesses. No choice of law is permitted prior to the occurrence of damage.
CJEU in Case C-20/21: the choice must be explicit, with predictability for perpetrators. Dutch courts interpret this broadly, aligning with Amsterdam’s environmental jurisprudence.
In practice: Chemical leaks in the IJ and port-related cases have applied this provision. NGOs such as Milieudefensie pursue collective claims under favorable law for Amsterdam residents.