Article 5 of Rome II provides a specific rule for product liability: the law of the place where the damage caused by the product occurred always applies, regardless of the parties' domiciles. This standardizes claims for defective goods.
Application in Cases of Injury
A Chinese product purchased in Germany causes injury in the Netherlands: Dutch law applies. There are no exceptions, as there might be in cases of tort.
Product liability covers defects in manufacturing, design, or information. EU Directive 85/374/EEC harmonizes these rules, but national nuances remain under Rome II.
Compensation levels vary, with higher amounts in Scandinavia compared to lower amounts in Eastern Europe. The burden of proof for the defect lies with the victim.
Case C-183/15 (Zaaijer): The Court confirmed the strict place-of-damage rule. Companies strategically locate production accordingly.
Advice for consumers: Document the country of purchase to support claims.