Article 7 Rome II uniquely regulates environmental damage: the victim chooses between the law of the place where the damage occurs or where the dangerous activity takes place. This protects in cases of cross-border pollution.
Double choice
A factory in Germany pollutes a Dutch river: choice between German or Dutch law. The victim chooses the most favourable, often with higher compensation.
Includes personal injury, property damage and pure economic loss. No choice of law before the damage occurs.
CJEU in C-20/21: choice must be explicit, with predictability for perpetrators. Member States interpret broadly.
Practice: Chemical spills Rhine cases applied this. NGOs claim collectively under favourable law.