The Rome II Regulation provides exceptions to the main rule of Article 4(1), under which normally the law of the place where the damage occurs applies. For personal injury in Amsterdam, Article 4(2) is particularly relevant: if both the perpetrator and the victim habitually reside in Amsterdam, Dutch law of the victim's place of residence applies. This is crucial for Amsterdammers involved in local bicycle accidents or tram incidents on busy routes such as the Damrak or near Central Station.
Other important exceptions
Article 4(3) applies in cases of manifestly closer connections with another legal system, for example due to family ties or joint residence in Amsterdam. In product liability cases, such as defective e-bikes popular in the city, Article 5 applies with the law of the place where the product causes damage.
For environmental damage (Article 7), think of incidents along the IJ or in the Amsterdam port area, the victim may choose between the law of the place of damage or the place of the event. Article 14 allows choice of law after the incident, in writing and without prejudice to third parties.
Practical example: An Amsterdam cyclist from De Pijp crashes in Rotterdam due to a German truck driver. If both reside in Amsterdam, Dutch law applies with higher non-pecuniary damage standards, beneficial for victims in this cycling city. Amsterdam judges at the Rechtbank Amsterdam carefully weigh the facts in international cases.
These rules prevent forum shopping and provide predictability for Amsterdammers in cross-border injury cases, especially with the many expats and tourists in the city.