The Rome II Regulation (Regulation (EC) No 864/2007) determines which law applies in cross-border non-contractual matters, such as personal injury in Amsterdam or elsewhere. This EU rule is crucial for traffic accidents, medical errors or other incidents involving international parties, especially relevant for Amsterdammers who travel or are victims in the region.
What does the Rome II Regulation entail?
This European regulation has applied since 11 January 2009 in all EU countries (except Denmark) and regulates private international law for non-contractual obligations, including injury claims and torts.
Legal basis
Full title: Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations. It is directly applicable and prevails over Dutch law.
Key articles:
- Article 4 Rome II: Basic rule for tort
- Article 5 Rome II: Product liability
- Article 7 Rome II: Environmental damage
- Article 14 Rome II: Choice of law
Application in Amsterdam context for personal injury
In incidents with cross-border elements, such as an accident on the A10 or during a trip, Rome II determines the applicable law. This affects:
- Amount of compensation
- Heads of compensable damage
- Burden of proof
- Prescription
- Pain and suffering compensation
Main rule: Lex loci damni
Article 4(1): Law of the country where the damage occurs. Example: Amsterdam cyclist injured in Belgium by German car: Belgian law applies.
Exception: Common habitual residence
Article 4(2): If both parties reside in the Netherlands, Dutch law applies, even in a crash in Spain.
Escape clause
Article 4(3): If a closer connection with another country, that law applies – used sparingly by the Amsterdam District Court.
Scope of application
| Under Rome II | Not under Rome II |
|---|---|
| Traffic accidents abroad | Contracts |
| International medical errors | Family law |
| Injury from products | Employment contracts |
| Cross-border online defamation | Companies |
Choice of law
Article 14: Parties may choose, after the incident or in advance for commercial parties. Protection for consumers in Amsterdam.
Tips for Amsterdam
1. Immediate advice
Engage a personal injury lawyer in Amsterdam for analysis of applicable law.
2. Local authorities
Amsterdam District Court: Parnassusweg 220
Amsterdam Legal Aid Office: Vijzelstraat 77
3. Document
Collect evidence of habitual residence and place of damage for proceedings before the Amsterdam District Court.