Rome II Regulation
The Rome II Regulation is an EU regulation that specifies which national law applies to non-contractual liability claims, such as personal injury cases, in cross-border situations within the EU. For Tilburg residents, it offers clarity on accidents abroad, for example during a holiday from our region.
What does the Rome II Regulation cover?
Officially Regulation (EC) No 864/2007, the Rome II Regulation governs private international law for tortious damage, such as road traffic accidents, medical negligence or product defects without a contract. For Tilburg residents, it is crucial in cases of personal injury abroad to avoid claims failing due to conflicts of laws. These matters are often handled at the District Court of Zeeland-West-Brabant in Breda.
This regulation applies directly in all EU countries (except Denmark) since 11 January 2009 and builds on topics like personal injury abroad, where the applicable law determines the level of compensation.
Legal Core
At its heart is Article 4: for torts, the law of the place of damage (lex loci damni) applies. For personal injury, this is typically the site of the accident or injury.
- Article 4(1): Standard rule for delicts.
- Article 5: For road traffic accidents – law of the state of registration of the vehicle, unless the parties choose otherwise.
- Article 7: Environmental damage.
- Article 14: Party autonomy after the event, subject to restrictions.
Escape clauses exist (Article 4(3)) where the law of the common habitual residence applies if there is a closer connection.
Application to Personal Injury in a Tilburg Context
In personal injury cases, Rome II determines liability, compensation and limitation periods. A Tilburg resident injured in France? French law applies, potentially with different non-pecuniary damages than in the Netherlands.
| Situation | Applicable Law | Tilburg Example |
|---|---|---|
| Tilburg car accident in Spain | Dutch law (Art. 5) | Compensation per Dutch standards for neck injuries. |
| Medical error on Italian holiday | Italian law (Art. 4) | Italian test for causation. |
| German accident, both from Tilburg | Dutch law (Art. 4(3)) | Stronger Dutch link via habitual residence. |
Practical Examples
Example: A Tilburg resident crashes with a Dutch-plated car in Belgium, injuring a Belgian. Article 5 points to Dutch law, so Dutch non-pecuniary damages cap. The District Court of Zeeland-West-Brabant in Breda may rule on this.
Or: Tilburg cyclist hit by French truck in the Netherlands. Normally Dutch law, but French habitual residence may trigger French rules via the escape clause.
In Austrian ski accidents, courts debate 'direct injury' (Art. 4), relying on medical evidence.
Rights and Obligations for Victims
Rights:
- Know the applicable law for your claim.
- Litigate at your habitual residence (Brussels I-bis), e.g. District Court Breda.
- Authorities must specify the applicable law.
Obligations:
- Preserve evidence of the tort (police report).
- Contact Juridisch Loket Tilburg for free advice.
- Observe limitation periods under the relevant law.
Frequently Asked Questions
Does Rome II apply outside the EU?
No, only EU (excluding DK). For Switzerland/Turkey: Dutch rules such as the Conflict of Laws Act for Traffic Accidents.
Can parties choose the law?
Yes, after the event (Art. 14), but it protects the weaker party; not for personal injury without prior choice.
Impact on compensation?
Yes: higher in Northern EU, lower in Southern. Key for Tilburg residents in negotiations.
Cross-border workers/expats?
Habitual residence (Art. 4(3)/23) counts; court assesses duration/intent.
Tips for Tilburg Residents
Make optimal use of Rome II:
- Immediately after crash: Note licence plates, locations, take photos. Use the European CID form.
- Seek help: Call Juridisch Loket Tilburg for intake; Municipality of Tilburg can refer you.
- Check insurance: Coverage for foreign law? Consult a specialist for District Court Breda cases.