The Rome II Regulation not only governs applicable law, but also procedural aspects such as burden of proof allocation and limitation periods in personal injury claims in Delft. Article 15 distinguishes: substantive law (liability) follows Rome II, procedural law (evidence) follows the lex fori of the Delft court.
Burden of Proof Allocation
The applicable substantive law determines who must provide proof. Under Dutch law, relevant for Delft residents after local accidents, the presumption of fault often lies with the defendant; French law requires a stronger victim statement, which is crucial in claims after holidays in Southern Europe.
Limitation Periods
These fall under substantive law (Article 15), with variations: five years in Italy, three in Germany. In Delft practice, where many students and cyclists are involved in incidents, exemption due to impossibility applies depending on the law, such as for a Delft victim of a Spanish traffic accident.
In the Diamond Services case (C-292/18), the Court confirmed that limitation is substantive. In mixed claims from Delft, such as a local cyclist hit by a foreign truck, the law applies per partial claim.
Practical example: A Delft student victim of a Greek scooter accident has three years under Greek law; timely proceedings before the District Court of The Hague (for Delft) is essential. Local lawyers in Delft advise double-checking deadlines and collaboration with international experts for successful claims.