Article 5 Rome II deviates for product liability: the law of the place where the product caused damage always applies, regardless of places of residence. This uniformises claims for defective goods, also in Tilburg where many residents buy imported products online via platforms such as Bol.com or AliExpress.
Application in Case of Injury in Tilburg
A Chinese electronic device purchased in Germany causes injury in a Tilburg neighbourhood such as Tuinstad or during a visit to the Spoorzone: Dutch law always applies. No exceptions as with general torts. Local Tilburg consumers, often commuters to surrounding provinces, benefit from this in claims at the subdistrict court in Tilburg.
Product liability covers defective production, design or incorrect product information. EU Directive 85/374/EEC harmonises rules, but national nuances via Rome II remain crucial. In the Netherlands, compensations are often higher than in Eastern Europe, comparable to Scandinavia, with Tilburg cases demonstrating that proof of the defect lies with the victim – think of local incidents with defective charging cables or toys.
Case C-183/15: The Court of Justice confirms the strict place-of-the-tort rule. Companies strategically locate production, but Tilburg entrepreneurs in the textile or tech sector must be alert to import risks.
Advice for Tilburg consumers: document the country of purchase and keep invoices, especially for purchases in the shopping streets around Heuvelstraat, for effective claims in Dutch courts.