The Rome II Regulation (Regulation (EC) No 864/2007) determines which law applies in cross-border non-contractual matters, such as personal injury. In The Hague, this EU legislation is crucial for cases with international elements, such as traffic accidents or medical errors involving parties from different countries. At the District Court of The Hague (Prins Clauslaan 60), such claims are often handled.
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, product liability 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: Party autonomy for choice of law
Application of Rome II to personal injury in The Hague
In cross-border injury cases in the The Hague region, Rome II determines the relevant national law, with impact on:
- Amount of compensation
- Heads of damage covered
- Burden of proof
- Prescription
- Non-material damage and pain and suffering
Main rule: Lex loci damni
Article 4(1) Rome II: The law of the country where the damage occurs applies, regardless of the location of the event.
Example: A resident of The Hague causes an accident in Belgium resulting in injury to a German. Belgian law applies, because the damage occurs there. Proceed at the District Court of The Hague if the claim is brought here.
Exception: Common habitual residence
Article 4(2): If both parties have the same habitual residence at the time of the damage, that law applies.
Example: Two residents of The Hague collide in Spain. Dutch law applies despite the location in Spain.
Escape clause
Article 4(3): If there is a manifestly closer connection with another country, that law applies – applied sparingly by The Hague judges.
Scope of application
| Under Rome II | Not under Rome II |
|---|---|
| Cross-border traffic accidents | Contracts |
| Injury due to medical errors | Family law |
| Product liability | Labour law |
| Environmental damage | Company law |
| Defamation | Succession law |
Choice of law under Rome II
Article 14 allows limited choice: after the event, or in advance for commercial parties. Must be explicit or clear. Consumer protection.
Tips for The Hague
1. Determine applicable law immediately
Engage a personal injury lawyer in The Hague for analysis. Visit the Juridisch Loket The Hague (Lutherse Burgwal 10) for free advice.
2. Gather evidence
Document locations, residences and damage carefully for Rome II application.
3. Procedure at District Court of The Hague
File case at Prins Clauslaan 60; Rome II determines the substantive law.