In traffic accidents in Delft or elsewhere, the Rome II Regulation determines which law applies to non-material damage and other damage compensations. Delft, as a vibrant student city in the Randstad, sees many cross-border incidents due to the nearby airport and international traffic. Differences between EU countries remain significant: Dutch law often provides higher immaterial damage compensations than German law, which is crucial for Delft residents.
Application in Delft Practice
The main rule (Article 4(1)) refers to the law of the place of the tort. A collision on the A13 near Delft with Dutch victims can still activate Spanish law on a trip to Spain, with lower rates. But Article 4(2) provides relief: if there is a common habitual residence in Delft, this activates more favourable Dutch law, as ruled by the District Court of The Hague in local cases.
In Delft, damage includes not only medical costs and loss of income, but also costs for domestic assistance or study delay for TU Delft students. The burden of proof varies: continental law places it more heavily on victims, while Anglo-Saxon influences are more lenient. Local lawyers in Delft emphasize documentation of injury via the Delft hospital.
Prescription periods differ: three years in the Netherlands versus two in Belgium. The District Court of Rotterdam, competent for Delft, applies Rome II strictly, inspired by CJEU case C-45/13 where habitual residence prevailed. Recent Delft judgments show higher awards in cases of joint domicile.
Advice for Delft residents: document habitual residence in Delft and place of the tort thoroughly for optimal claims. Insurers in the region use Rome II strategically in negotiations around the Technopolis or old city centre.