Article 7 Rome II uniquely regulates environmental damage: the victim chooses between the law of the place where the damage occurs or where the dangerous activity takes place. This protects against cross-border pollution, such as from Tilburg industry along the Meuse.
Double Choice in Tilburg
A factory in Belgium pollutes the Meuse near Tilburg: choice between Belgian or Dutch law. The victim chooses the most favourable, often with higher compensation for local residents and farmers.
Includes injury from toxic fumes, property damage to gardens and houses, and pure economic loss for Tilburg businesses. No choice of law before damage occurs.
CJEU in C-20/21: choice must be explicit, with predictability for perpetrators. Dutch courts interpret broadly, fitting regions like North Brabant.
Practice: Chemical spills in the Meuse and Rhine cases apply this around Tilburg. Local NGOs and water boards claim collectively under favourable law for affected neighbourhoods like Oud-Zuid.