The Rome II Regulation provides exceptions to the main rule of Article 4(1), under which normally the law of the place where the damage occurs applies. For personal injury in Delft, Article 4(2) is of great importance: if both the tortfeasor and the victim habitually reside in Delft, the Dutch law of the victim's place of habitual residence applies. This is ideal for accidents on the bustling streets around TU Delft or the city centre, where many students and residents are involved.
Other Relevant Exceptions
Article 4(3) applies in cases of manifestly closer connection with another legal system, for example due to family ties or common habitual residence outside Delft. For vehicles with product liability, Article 5 applies, with the law of the place where the product caused the damage, relevant for bicycle accidents in traffic-congested Delft.
In the case of environmental damage (Article 7), such as incidents near the Schie or industrial zones, the victim may choose between the law of the place of the damage or the event. Article 14 allows choice of law after the incident, in writing and without prejudice to third parties.
Practical example: A TU Delft cyclist from Delft is injured in Rotterdam by a German driver. If both reside in Delft, Dutch law applies with higher non-pecuniary damage standards. Delft judges, familiar with local traffic congestion, give significant weight to the facts.
These rules prevent forum shopping and provide predictability for Delft residents in cross-border injury cases, especially with nearby port cities.