The Rome II Regulation provides exceptions to the general rule of Article 4(1), which normally applies the law of the place where the damage occurs. For personal injury cases in Leiden, Article 4(2) is particularly relevant: if both the perpetrator and the victim are habitually resident in Leiden, the law of Leiden applies. This protects victims in accidents within their home jurisdiction, such as on the bustling Singel or around Leiden University.
Other Key Exceptions
Article 4(3) applies where there is a manifestly closer connection with another legal system, for example, due to family ties or a shared habitual residence in the Leiden region. For cases involving vehicles and product liability, Article 5 applies, specifying the law of the place where the product causes damage, such as a defective bicycle on Leiden’s roads.
In cases of environmental damage (Article 7), such as incidents near the Oude Rijn, the victim may choose between the law of the place where the damage occurred or the law of the place where the event giving rise to the damage occurred. Article 14 allows for a choice of law after the incident, provided it is in writing and does not prejudice the rights of third parties.
Practical example: A cyclist from the Stevenshof district in Leiden is injured in Belgium by a French motorist, while both parties reside in Leiden. In this case, Dutch law applies, with a Leiden perspective on higher standards for non-pecuniary damages. Local courts in The Hague weigh the facts heavily, taking into account regional traffic patterns.
These rules prevent forum shopping and provide predictability for cross-border personal injury cases with connections to Leiden.