The Rome II Regulation not only governs the applicable law, but also procedural aspects such as burden of proof allocation and limitation periods in personal injury claims, relevant for residents of Leiden involved in international accidents. Article 15 distinguishes: substantive law (liability) follows Rome II, procedural law (evidence) follows the lex fori of the Dutch court in Leiden.
Burden of Proof Allocation
The applicable substantive law determines who must provide proof. Under Dutch law, as applied by the District Court of The Hague for Leiden region cases, the presumption of fault often lies with the tortfeasor; French law, however, requires a stronger victim statement. For a Leiden student who falls during a cycling holiday in France, this can make the difference between winning and losing.
Limitation Periods
These fall under substantive law (Article 15), with variations per country: five years in Italy, three in Germany. Exemption due to impossibility applies depending on the law. In Leiden, where many university staff and students travel, law firms such as those around the Leiden University Medical Center (LUMC) often see claims with tight deadlines.
In the Diamond Services case (C-292/18), the Court of Justice confirmed that limitation is substantive. In mixed claims, the law applies per partial claim. Practical example: a resident of Leiden injured in a Greek traffic accident has only three years under Greek law; timely proceedings before the subdistrict court in Leiden is crucial. Local lawyers advise double-checking deadlines and collaboration with international experts.