Rome II Regulation
The Rome II Regulation is EU legislation that determines which national law applies to non-contractual damage claims, such as personal injury, in cross-border cases within the EU. For Leiden residents, it provides clarity for accidents abroad—for instance, on a cycling holiday from the city or a ski trip—and helps with claims against local insurers or the Leiden District Court.
What is the Rome II Regulation?
Officially Regulation (EC) No 864/2007, the Rome II Regulation governs private international law for non-contractual situations, such as traffic accidents, medical errors, or product defects. Leiden residents injured by a tort abroad avoid legal pitfalls this way. The rules apply directly in all EU countries (except Denmark) since 11 January 2009 and are essential for personal injury abroad, where the applicable law determines compensation levels.
Legal basis
At its core is Article 4: for torts, the law of the place where the damage occurs (lex loci damni) applies. For personal injury, this is typically the accident location or where the injury manifests.
- Article 4(1): Standard rule for torts.
- Article 5: Traffic accidents follow the law of the vehicle's registration state, unless otherwise chosen.
- Article 7: Environmental damage.
- Article 14: Parties may choose the law after the event, subject to conditions.
Escape clauses (Article 4(3)) point to the law of the common habitual residence if there is a closer connection, which is relevant for Leiden residents with family abroad.
Scope for personal injury claims
In Leiden practice, Rome II determines liability, compensation, and limitation periods for personal injury. A victim from Leiden in a German accident falls under German law, with different pain and suffering standards than in the Netherlands. The Leiden District Court handles such cases in proceedings.
| Situation | Applicable law | Example for Leiden |
|---|---|---|
| Car with Leiden plates crashes in Spain | Dutch law (Art. 5) | Leiden victim claims under Dutch whiplash rates. |
| Medical error on Greek holiday | Greek law (Art. 4) | Greek causation rules apply. |
| Accident in Belgium, both from Leiden | Dutch law (Art. 4(3)) | Stronger link to Leiden. |
Practical examples
Example: A Leiden resident driving a Dutch-plated car through Belgium injures a local. Article 5 triggers Dutch law, so Belgian claims follow Leiden standards for pain and suffering.
Or: A Leiden cyclist is hit by a German truck in the Leiden area. Dutch law (lex loci damni) applies, but if the victim resides in Germany, Article 4(3) may favour German law. For Austrian ski trips, the Leiden District Court debates the injury location based on medical evidence.
Rights and obligations of victims
Rights:
- Understand the applicable law for your claim.
- Proceed via the Leiden District Court (Brussels I-bis).
- Authorities such as the Municipality of Leiden must specify the applicable law.
Obligations:
- Gather evidence: police report and photos.
- Visit the Leiden Legal Aid Office for free advice.
- Check limitation periods under the applicable law.
Frequently asked questions
Does Rome II apply outside the EU?
No, only in the EU (excluding Denmark). For Switzerland etc., Dutch law applies under the Conflict of Laws Act for Traffic Accidents.
What if parties choose the law?
Possible after the tort (Art. 14), but protects the weaker party and not always for personal injury.
How does this affect compensation amounts?
High in Scandinavia, lower in Southern Europe. Leiden residents negotiate smartly with insurers.
What about cross-border workers or expats?
Habitual residence (Art. 4(3)/23) counts; Leiden District Court assesses duration of stay.
Tips and recommendations
For Leiden residents with Rome II claims:
- Act immediately: Note details, take photos, and use the European Accident Statement form.
- Seek advice: Start at the Leiden Legal Aid Office for international injury cases.
- Check insurance: Report to your Leiden insurer and demand Rome II application.
- Municipality of Leiden: Request assistance with documents for foreign claims.