The Rome II Regulation includes several exceptions to the general rule under Article 4(1), which applies the law of the place where the damage occurs. In personal injury cases, Article 4(2) is crucial: the law of the place where the victim is habitually resident applies if both the perpetrator and the victim are habitually resident there. This protects victims in 'home country' accidents.
Other Exceptions
Article 4(3) provides a flexible exception if a manifestly closer connection exists with another legal system, such as family ties or a common habitual residence. For vehicles, Article 5 applies to product liability, designating the law of the place where the product causes damage.
For environmental damage (Article 7), the victim may choose between the law of the place where the damage occurs or where the event giving rise to the damage took place. Article 14 allows for a choice of law after the damage has occurred, provided it is in writing and does not prejudice the rights of third parties.
Practical example: A Dutch cyclist is injured in Belgium by a French motorist. If all parties are habitually resident in the Netherlands, Dutch law applies, including higher standards for non-pecuniary damages. Courts weigh the facts heavily in their application.
These exceptions prevent forum shopping and ensure predictability in cross-border cases.