In cross-border traffic accidents in and around Tilburg, such as on the busy A58 or N261, the Rome II Regulation determines which law governs the amount of non-pecuniary damages and other compensations. Differences between EU countries are significant: Dutch law, applied by the District Court of Zeeland-West-Brabant in Tilburg, often provides higher non-material damage compensations than, for example, German law.
Application in Practice around Tilburg
The main rule (Article 4(1)) refers to the law of the place of the tort. An accident near the Belgian border by Tilburg with Dutch victims leads to Belgian law, with lower non-pecuniary damages rates. An exception via Article 4(2) can activate Dutch law in case of common habitual residence, beneficial for residents of Tilburg with family abroad.
Damage items include medical costs via the ETZ hospital in Tilburg, loss of income due to local job loss, and domestic assistance. Burden of proof differs: under Anglo-Saxon influences, it lies with the tortfeasor, while continental law is stricter for victims from the region.
Limitation periods vary; three years in the Netherlands versus two in Belgium. Tilburg courts apply Rome II strictly, inspired by Case C-45/13 of the CJEU, where habitual residence was decisive for higher claims.
Advice: Victims from Tilburg must document habitual residence and place of the tort for optimal claims with local insurers. Insurers use this for negotiations on the Brabant roads.