The Rome II Regulation governs not only the applicable law, but also procedural aspects such as burden of proof allocation and limitation periods in personal injury claims, relevant for residents of Tilburg with cross-border accidents. Article 15 distinguishes: substantive law (liability) follows Rome II, procedural law (evidence) follows the lex fori of the court in Breda, which has jurisdiction for Tilburg.
Burden of Proof Allocation
The applicable substantive law determines who must provide proof. Under Dutch law, such as for Tilburg cyclists hit by foreign trucks on the A58, the presumption of fault often lies with the defendant; French law requires a stronger victim statement, which creates complications in claims following holidays in Southern France.
Limitation Periods
These fall under substantive law (Article 15), with variations: five years in Italy, three in Germany. For Tilburg victims of accidents in Belgium, such as on the E19 near the Belgian border, a Belgian period of ten years often applies with shorter claim periods. Exemption due to impossibility depends on the law and local circumstances, such as delay due to rehabilitation in the ETZ hospital.
In the Diamond Services case (C-292/18), the Court confirmed that limitation is substantive. In mixed claims, such as a Tilburg victim with injury from a German workplace accident, the law applies per partial claim.
Practice: A Tilburg resident with injury after a Greek traffic accident has three years under Greek law; timely proceedings before the Breda District Court are essential. Local lawyers in Tilburg advise double-checking deadlines and collaboration with EU partners for evidence gathering.