Article 7 Rome II uniquely regulates environmental damage: the victim chooses between the law of the place where the damage occurs or where the dangerous activity takes place. This protects against cross-border pollution, relevant for Delft along the Schie.
Double Choice in Delft Context
A factory in Belgium pollutes the Schie River near Delft: choice between Belgian or Dutch law. The victim chooses the most favourable, often with higher compensation for local residents.
Includes injury due to pollution, property damage to Delft buildings and pure economic loss for businesses. No choice of law before damage occurs.
CJEU in C-20/21: choice must be explicit, with predictability for perpetrators. Dutch courts interpret broadly, fitting Delft's industrial zone Technopolis.
Practice: Chemical spills in the Schie and Rhine cases applied this. Delft NGOs and residents claim collectively under favourable law, supported by the municipality.