Article 7 Rome II uniquely regulates environmental damage: the victim chooses between the law of the place where the damage occurs or where the dangerous activity takes place. This protects against pollution in and around Leiden, such as industrial discharges in the region.
Double choice in the Leiden context
A factory in Germany pollutes the Rhine, which flows into the Old Rhine in Leiden: choice between German or Dutch law. The victim chooses the most favourable, often with higher compensation for local residents and businesses.
Includes personal injury from consumption of contaminated fish, property damage to riverbanks and pure economic loss for Leiden fishermen and hospitality businesses. No choice of law before damage occurs.
CJEU in C-20/21: choice must be explicit, with predictability for perpetrators. Dutch member states interpret broadly, fitting Leiden environmental case law.
Practice: Chemical spills in the Rhine, with impact on Leiden, applied this. Local NGOs such as in the Leiden region claim collectively under favourable law for citizens along the riverbanks.