Rome II Regulation for Amsterdammers
The Rome II Regulation is EU legislation that determines which national law applies to non-contractual damage claims, such as injuries from accidents, in cross-border cases within the EU. For Amsterdammers, it offers clarity on claims after a collision during a city break or ski trip, for example in accidents abroad.
What does the Rome II Regulation mean for Amsterdam?
Officially Regulation (EC) No 864/2007, the Rome II Regulation governs private international law for non-contractual matters, such as traffic accidents, medical errors or product defects without a contract. For Amsterdam residents with personal injuries abroad, it is essential to avoid claims stalling due to conflicts of law. The rules apply directly in all EU countries (except Denmark) since 11 January 2009 and are key in personal injury abroad, where the applicable law determines compensation levels.
Legal basis
At the core is Article 4: for torts, the law of the place where the damage occurs (lex loci damni) applies. For personal injury, this is often the location of the accident or where the injury manifests.
- Article 4(1): Standard rule for delicts.
- Article 5: Traffic accidents – law of the vehicle registration state, unless otherwise chosen.
- Article 7: Environmental damage.
- Article 14: Party choice after the event, subject to conditions.
There are escape clauses (Article 4(3)) for the law of the common habitual residence if it provides a closer connection.
Application in the Amsterdam context for personal injury
In personal injury cases, Rome II determines liability, compensation and limitation periods. An Amsterdammer injured in France? Then French law applies, potentially with higher non-pecuniary damages than in the Netherlands. These cases are often handled at the District Court of Amsterdam.
| Situation | Applicable law | Example for Amsterdam |
|---|---|---|
| Amsterdam-registered car accident in Spain | Dutch law (Art. 5) | Whiplash compensation per NL standards. |
| Medical error on Italian holiday | Italian law (Art. 4) | Italian causation requirements. |
| German crash, both Amsterdammers | Dutch law (Art. 4(3)) | Stronger link to Amsterdam. |
Practical examples for Amsterdammers
Example: You drive your Dutch-registered car to Belgium and injure a local. Article 5 selects Dutch law based on your registration, so the claim follows NL rules including a cap on non-pecuniary damages.
Or: An Amsterdam cyclist hit by a French truck in the city. Normally Dutch law (lex loci damni), but if habitual residence is in France, French law may apply via the escape clause.
For Amsterdammers in Alpine ski accidents, the District Court of Amsterdam assesses 'direct injury' (Art. 4) based on medical evidence.
Rights and obligations for Amsterdam victims
Rights:
- Know the applicable law for your claim.
- Proceed at the District Court of Amsterdam or the state of residence (Brussels I-bis).
- Authorities like the Municipality of Amsterdam must indicate the applicable law.
Obligations:
- Preserve evidence such as police reports.
- Visit the Amsterdam Legal Aid Office for advice.
- Check limitation periods under the applicable law.
Frequently asked questions
Does Rome II apply outside the EU?
No, only in the EU (excluding Denmark). For Switzerland etc., Dutch rules such as the Conflict of Laws Act for Traffic Accidents apply.
Can parties choose the law?
Yes, after the event (Art. 14), but it protects the weaker party; not for personal injury without explicit choice.
Impact on compensation?
Yes: higher in Northern Europe, lower in the South. Crucial for Amsterdammers dealing with insurers.
Frontier workers or expats in Amsterdam?
Habitual residence (Art. 4(3), 23) matters; District Court of Amsterdam assesses duration of stay.
Tips for Amsterdammers
Make optimal use of Rome II:
- Take immediate action: Note details, take photos, use the European Accident Report form.
- Seek help: Start at the Amsterdam Legal Aid Office for free initial advice on international cases.
- Check insurance: Claim coverage from your Amsterdam insurer and notify the District Court of Amsterdam if needed.