The Brussels I-bis Regulation (EU 1215/2012) complements Rome II by regulating which court is competent and how judgments on personal injury in Leiden are recognised cross-border. Rome II selects the law, Brussels I the jurisdiction – crucial for victims of bicycle accidents on the Brugweg or car incidents at the Leiden University Medical Center (LUMC).
Competent Court in Leiden
Article 4: domicile of the defendant. Article 7(2): place where the damage occurs, such as the busy Rapenburg canal or station area. Victims from Leiden often choose the place of the tort for favourable Dutch law under Rome II, with the District Court of The Hague (Leiden branch) as an efficient location for local proceedings.
Recognition and Enforcement
Judgments are automatically recognised in EU countries (except ex parte decisions). No exequatur procedure since 2015. Challenge possible in case of breach of public policy.
Practice: Leiden judgment on German bicycle accident (Rome II-Dutch law) is enforced in Germany without retrial. Insurers of Leiden students or residents must pay immediately. For accidents involving international tourists around the Leiden canals, this offers swift settlement.
For non-EU countries, national law applies, which causes complications in claims after holidays. Combination with the Hague Convention on forum selection strengthens the position of Leiden law firms.