The Rome II Regulation (Regulation (EC) No 864/2007) determines which law applies in cross-border non-contractual matters, such as personal injury. For residents of Leiden, this is crucial in accidents abroad or with foreign parties. These cases are often handled at the District Court of The Hague, Leiden location.
What does the Rome II Regulation entail?
This EU regulation, in force since 11 January 2009 in all Member States (except Denmark), governs private international law for non-contractual obligations, including injury claims, product liability and torts.
Legal basis
Full title: Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations. It is directly applicable and prevails over Dutch law.
Key articles:
- Article 4 Rome II: Basic rule for tort
- Article 5 Rome II: Product liability
- Article 7 Rome II: Environmental damage
- Article 14 Rome II: Choice of law
Application of Rome II to personal injury in Leiden
In cross-border injury cases, such as an accident during a trip from Leiden, Rome II determines the applicable law. This affects:
- Amount of compensation
- Heads of damage covered
- Burden of proof
- Prescription
- Pain and suffering compensation
Main rule: Lex loci damni
Article 4(1): Law of the country where the damage occurs. Example: Leiden resident injured in Belgium by Dutch driver: Belgian law applies.
Exception: Common habitual residence
Article 4(2): If common habitual residence, that law applies. Example: Two Leiden residents collide in Spain: Dutch law.
Escape clause
Article 4(3): If manifestly closer connection with another country, that law. Application is limited.
Scope of application
| Under Rome II | Not under Rome II |
|---|---|
| Cross-border traffic accidents | Contracts |
| Injury due to medical errors abroad | Family law |
| Product liability | Labour law |
| Online defamation cross-border | Companies |
Choice of law
Article 14: Always possible after the damage event; beforehand only for commercial parties. Expressly or clearly from the facts.
Tips for Leiden residents
1. Immediate advice
Engage a personal injury lawyer in Leiden to determine the applicable law. Visit the Juridisch Loket Leiden, Stationsweg 46 for initial assistance.
2. Procedure at District Court of The Hague, Leiden location
File the case at the District Court of The Hague, Leiden location for local expertise in international claims.
3. Document everything
Collect evidence on the place of damage and residences for Rome II analysis.