Article 5 Rome II deviates for product liability: the law of the place where the product caused damage always applies, regardless of places of residence. This uniformises claims for defective goods, also in Delft.
Application in Case of Injury in Delft
A Chinese electronic device purchased in Germany causes injury during use in a Delft home: Dutch law applies. No exceptions as in general tort. In Delft, with its many students and tech startups around TU Delft, we often see this with imported gadgets.
Product liability covers defective production, design or incorrect information. EU Directive 85/374/EEC harmonises rules, but national nuances remain via Rome II. Delft consumers benefit from Dutch protection in incidents in the city.
Higher compensations in Scandinavia contrast with lower ones in Eastern Europe. Proof of the defect lies with the victim, for example via local expertise from TU Delft labs.
Case C-183/15: Court confirms strict place-of-the-act rule. Companies strategically locate production, but Delft importers must be alert to liability.
Advice for Delft consumers: document country of purchase and place of incident for claims at the district court in The Hague or local legal aid via the university.