The Rome II Regulation provides for various exceptions to the main rule of Article 4(1), under which normally the law of the place where the damage occurs applies. For personal injury in Tilburg, Article 4(2) is of great importance: if both the tortfeasor and the victim habitually reside in Tilburg, the Dutch law of the victim's place of residence applies. This offers additional protection in accidents on Tilburg roads or in the region, such as along the Ringweg or in the city centre.
Other relevant exceptions
Article 4(3) allows for a flexible exception when there are manifestly closer connections with another legal system, for example due to family ties, work in Tilburg or common roots in North Brabant. For vehicles and product liability (such as a defective bicycle brake in a Tilburg bicycle accident), Article 5 applies, with the law of the place where the product caused the damage.
In the case of environmental damage, relevant for incidents near the ports or industrial areas around Tilburg (Article 7), the victim may choose between the law of the place of the damage or of the event. Article 14 allows choice of law after the incident, provided it is recorded in writing and not contrary to the interests of third parties.
Practical example: A cyclist from Tilburg is injured on the Haverdijk by a driver from Belgium, while both reside in Tilburg. Then Dutch law applies with the higher non-pecuniary damage standards from Tilburg case law. Judges in the Oost-Brabant District Court give significant weight to local facts.
These exceptions limit forum shopping and increase predictability in cross-border injury cases with Tilburg connections, such as with heavy truck traffic from Belgium or Germany.