Rome II Regulation
The Rome II Regulation is EU legislation that determines which national law applies to non-contractual damage claims, such as personal injury, in international cases within the EU. For residents of Den Haag, it provides clarity in accidents abroad, for example during a beach holiday from Scheveningen or business trips via the port of Den Haag.
What does the Rome II Regulation entail?
Officially Regulation (EC) No 864/2007, the Rome II Regulation governs private international law for non-contractual obligations. This covers delicts such as traffic accidents, medical errors or product defects without a contractual relationship. For Den Haag residents with injuries from abroad, it prevents legal complications arising from conflicting laws.
It applies directly in all EU countries (except Denmark) since 11 January 2009 and is essential for personal injury abroad, where it determines the law governing compensation levels.
Legal core
At its heart is Article 4: for torts/delicts, the law of the place where the damage occurs (lex loci damni) applies. For personal injury, this is generally the location of the accident or injury.
- Article 4(1): Basic rule for delicts.
- Article 5: Traffic accidents follow the law of the vehicle registration state, unless parties choose otherwise.
- Article 7: Environmental damage.
- Article 14: Choice of law after the event, subject to conditions.
Escape clauses (Article 4(3)) point to the law of the common habitual residence if there is a closer connection, relevant for expats in international Den Haag.
Application to personal injury in Den Haag context
For personal injury, Rome II determines liability, compensation and limitation periods. A Den Haag resident injured in France falls under French law, potentially allowing higher pain and suffering claims than in the Netherlands.
| Situation | Applicable law | Example for Den Haag |
|---|---|---|
| Traffic accident with Den Haag-registered vehicle in Belgium | Dutch law (Art. 5) | Whiplash compensation under Dutch standards on a trip to Antwerp. |
| Medical error on Crete holiday | Greek law (Art. 4) | Greek causation requirements for a Den Haag tourist. |
| Accident in Germany, victim and perpetrator from Den Haag | Dutch law (Art. 4(3)) | Closer connection to habitual residence at District Court of Den Haag. |
Practical examples for Den Haag residents
Example: You drive your Den Haag-registered car to Belgium and injure a local. Article 5 triggers Dutch law, including limits on pain and suffering compensation.
Or: A cyclist from Den Haag is hit by a German truck on the A4. Dutch law applies (lex loci damni), but if there is a shared French habitual residence, Article 4(3) may lead to a different outcome.
In ski accidents in the Alps, the District Court of Den Haag assesses 'direct injury' (Art. 4) based on medical evidence.
Rights and obligations for victims in Den Haag
Rights:
- Determine the applicable law for your claim.
- Proceed in your place of residence under Brussels I-bis, i.e. at the District Court of Den Haag.
- Authorities such as the Municipality of Den Haag must indicate the applicable law.
Obligations:
- Gather evidence such as the police report.
- Visit Juridisch Loket Den Haag for free advice on international law.
- Pay attention to limitation periods under the applicable law.
Frequently asked questions
Does this apply outside the EU?
No, only in the EU (excluding Denmark). For Switzerland or Turkey: Dutch rules such as the Conflict of Laws Act for Traffic Accidents, check with Juridisch Loket Den Haag.
Can you choose the applicable law?
Yes, after the event (Art. 14), but it protects the weaker party and does not apply to personal injury without choice.
Impact on compensation?
Yes: higher in Northern Europe, lower in the South. Important for Den Haag negotiations with insurers.
Frontier workers or expats in Den Haag?
Habitual residence (Art. 4(3), 23) counts; District Court of Den Haag assesses duration of residence.
Tips for Den Haag residents
Optimise Rome II for personal injury:
- On site: Note details, take photos, use the European Accident Statement (CID form).
- Seek help: Start at Juridisch Loket Den Haag for intake.
- Check insurance: Report immediately and ask about coverage under the applicable law.
- District Court of Den Haag: For proceedings in international cases.