Article 5 Rome II deviates for product liability: the law of the place where the product caused damage always applies, regardless of places of residence. This uniformises claims for defective goods, crucial for Amsterdammers who import a lot via the port and Schiphol.
Application in Case of Injury in Amsterdam
A Chinese electronic device purchased in Germany causes injury in an Amsterdam canal house: Dutch law applies. No exceptions as with general torts, even if the import came via Rotterdam.
Product liability covers defective production, design or inadequate warnings. EU Directive 85/374/EEC harmonises rules, but Rome II determines national application, with Dutch courts in Amsterdam as key player for claims.
Higher compensation in the Netherlands compared to lower in Eastern Europe. Proof of the defect lies with the victim, often with help from local experts in the North Holland region.
Case C-183/15: Court confirms strict place-of-harm rule. Companies strategically locate production to minimise risks in cities like Amsterdam.
Advice for Amsterdam consumers: document the place of purchase and keep invoices, especially for online orders via platforms popular in the city. Consult a local lawyer at the Amsterdam District Court for claims.