Rome II Regulation
The Rome II Regulation is an EU rule that determines which national law applies to non-contractual damage claims, such as personal injury, in cross-border cases within the EU. For residents of Delft, it provides clarity in accidents abroad, for example during a cycling holiday from Delft to Belgium.
What does the Rome II Regulation entail?
Officially Regulation (EC) No 864/2007, the Rome II Regulation governs private international law for non-contractual obligations, such as road traffic accidents, medical errors or product defects. For Delft residents suffering injury abroad, it avoids legal conflicts arising from differing laws. The rules apply directly in all EU countries (except Denmark) since 11 January 2009 and are essential for personal injury abroad, where the applicable law determines the level of compensation.
Legal basis
At the core is Article 4: for torts, the law of the place where the damage occurs (lex loci damni) applies, often the location of the accident in personal injury cases. The District Court of The Hague, which handles cases from Delft, applies this strictly.
- Article 4(1): Standard rule for torts.
- Article 5: For road traffic accidents – law of the vehicle registration state, unless parties choose otherwise.
- Article 7: Environmental damage.
- Article 14: Party choice after the event, with limitations.
There are escape clauses (Article 4(3)) for cases with stronger connections, such as common habitual residence in Delft.
Application to personal injury in a Delft context
For personal injury, Rome II determines liability, compensation and limitation periods. A victim from Delft injured in a fall in France falls under French law, which may provide different non-pecuniary damages than in the Netherlands.
| Situation | Applicable law | Example for Delft |
|---|---|---|
| Accident with car registered in Delft in Spain | Dutch law (Art. 5) | Compensation according to Dutch standards for whiplash. |
| Medical error on Italian holiday | Italian law (Art. 4) | Italian causation requirements. |
| German accident, both from Delft | Dutch law (Art. 4(3)) | Stronger Delft connection. |
Practical examples for Delft residents
Example: You cycle from Delft in a Dutch-registered car to Belgium and injure a local. Article 5 selects Dutch law via your registration, with Dutch limits on non-pecuniary damages. A French truck hits a Delft cyclist in the municipality of Delft: Dutch law applies, but a French habitual residence may trigger Article 4(3). For ski accidents in Austria, the District Court of The Hague examines medical evidence for the place of injury.
Rights and obligations for victims in Delft
Rights:
- Know the applicable law for your claim.
- Litigate at your place of residence under Brussels I-bis.
- Authorities such as the Municipality of Delft must indicate the applicable law.
Obligations:
- Gather evidence such as police reports.
- Contact Juridisch Loket Delft for free advice.
- Observe limitation periods under the applicable law.
Frequently asked questions
Does Rome II apply outside the EU?
No, only EU (excluding Denmark). For Switzerland etc., the Dutch Conflict of Laws Act for Road Traffic Accidents applies.
Party choice of law?
Yes, after the tort (Art. 14), but it protects the weaker party and not always in personal injury cases.
Impact on compensation amounts?
Yes: higher in Northern Europe, lower in the South. Crucial for Delft insurance negotiations.
Cross-border workers or expats from Delft?
Habitual residence (Art. 4(3), 23) counts; the District Court of The Hague assesses this.
Tips for Delft residents
Make optimal use of Rome II:
- On site: Note details, take photos and complete the European CID form.
- Seek help: Start at Juridisch Loket Delft or a specialist via the District Court of The Hague.
- Check insurance: Report immediately to your Dutch insurer for international coverage.