The Rome II Regulation (Regulation (EC) No 864/2007) determines which law applies to cross-border non-contractual obligations, such as personal injury. For residents of Delft, this EU legislation is crucial in accidents abroad, such as during holidays or business trips. The District Court of The Hague, which covers the district of Delft, applies these rules in relevant cases.
What does the Rome II Regulation entail for Delft?
This regulation has applied since 11 January 2009 in all EU Member States (except Denmark) and governs private international law for non-contractual liability, including injury from traffic accidents, medical errors, or other incidents with international elements.
Legal basis in Delft context
Full title: Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations. It prevails over Dutch law and is enforced by the District Court of The Hague.
Key articles:
- Article 4 Rome II: Basic rule for tort
- Article 5 Rome II: Product liability
- Article 7 Rome II: Environmental damage
- Article 14 Rome II: Party autonomy for choice of law
Application of Rome II in personal injury cases around Delft
In incidents involving parties from different countries, Rome II determines the applicable national law, which impacts compensation, reimbursable costs, rules of evidence, limitation periods, and non-pecuniary damages. This is essential for Delft residents injured abroad.
- Damage amounts
- Reimbursable items
- Burden of proof
- Limitation periods
- Non-pecuniary injury compensation
Main rule: Lex loci damni
Article 4(1): Law of the country where the damage occurs (lex loci damni), regardless of the location of the event.
Example for Delft: A Delft cyclist is hit in Belgium by a German driver and sustains injury. Belgian law applies, because the injury occurred there. The District Court of The Hague handles this.
Exception: Common habitual residence
Article 4(2): If both parties reside in the same country (e.g., Delft), that law applies, even for accidents elsewhere.
Example: Two Delft residents are involved in an accident in Spain. Dutch law applies due to their common habitual residence.
Escape clause
Article 4(3): Applied sparingly if the tort is more closely connected with another country.
Scope of application of Rome II
| Under Rome II | Not under Rome II |
|---|---|
| Cross-border traffic accidents | Contracts |
| Medical errors abroad | Family law |
| Product liability | Succession law |
| Online cross-border defamation | Labour law |
| Environmental damage | Company law |
Choice of law in Delft cases
Article 14: Parties can choose after the incident, or in advance for commercial parties. Must be explicit; consumer protection applies.
Tips for Delft residents
1. Immediately determine the applicable law
Contact a personal injury lawyer via the Juridisch Loket Delft for free advice. This strongly influences your claim.
2. Gather evidence
Document the place of damage, habitual residences, and facts for the District Court of The Hague.
3. Local support
Visit the Juridisch Loket Delft for initial assistance with international injury claims under Rome II.