The Rome II Regulation (Regulation (EC) No 864/2007) determines which law applies in cross-border non-contractual matters, such as personal injury in Tilburg or elsewhere. This EU rule is crucial in accidents involving international parties, for example a collision on the A58 near Tilburg with foreign parties involved.
What does the Rome II Regulation entail?
The Rome II Regulation has applied since 11 January 2009 in all EU countries (except Denmark) and regulates private international law for non-contractual claims, including injury from traffic accidents, medical errors or other torts.
Legal basis in Tilburg context
Full title: Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations. It prevails over Dutch law and is directly applicable. In Tilburg, the District Court of Zeeland-West-Brabant, Wilhelminapark 100 handles such cases.
Key articles:
- Article 4 Rome II: Basic rule for tort
- Article 5 Rome II: Product liability
- Article 7 Rome II: Environmental damage
- Article 14 Rome II: Choice of law
Application of Rome II in personal injury cases around Tilburg
In cross-border injury cases, Rome II establishes the applicable national law, which impacts compensation, reimbursable items, evidence, limitation periods and non-pecuniary damages.
Main rule: Lex loci damni
Article 4(1): Law of the country where the damage occurs, regardless of the location of the event.
Example: A cyclist from Tilburg is hit by a German truck on the Ringweg. Injury occurs in Tilburg: Dutch law applies.
Exception: Common habitual residence
Article 4(2): If both parties reside in the same country (e.g. two Tilburg residents), that law applies, even if the accident occurs in Belgium.
Escape clause
Article 4(3): If a closer connection with another country, that law applies – used sparingly by the District Court of Zeeland-West-Brabant.
Scope of application of Rome II
| Under Rome II | Not under Rome II |
|---|---|
| Traffic accidents abroad (e.g. A65 to Belgium) | Contracts |
| International medical errors | Family law |
| Product liability | Labour law |
| Cross-border online defamation | Company law |
Choice of law under Rome II
Article 14: Parties may choose the law after the incident, or in advance for commercial parties. Expressly or clearly from the facts. Protection for consumers in Tilburg.
Tips for Tilburg residents
1. Check applicable law immediately
Engage a personal injury lawyer via the Juridisch Loket Tilburg, Spoorlaan 364. Essential for claims from accidents on the A58 or E312.
2. Document everything
Collect evidence on the place of damage and places of residence.
3. Go to court
District Court of Zeeland-West-Brabant, Wilhelminapark 100, handles Rome II cases efficiently.