Which country's law applies to my personal injury claim if the accident happened abroad?

What the Law Says

The law governing cross-border personal injury claims in the EU is set out in Regulation (EC) No 864/2007 — known as 'Rome II'. It determines which national law applies, regardless of where court proceedings are brought.

Under Rome II, the general rule is that the law of the country where the damage occurred applies — this includes the place where the personal injury was sustained (e.g., where you were physically hurt). This is true even if the harmful act (like negligent driving) happened elsewhere.

There are limited exceptions: if both you and the defendant are habitually resident in the same EU country *other* than where the injury occurred, and the tort is 'manifestly more closely connected' with that country, then that country’s law may apply instead.

Parties cannot freely choose the applicable law in personal injury cases — Article 14 restricts choice-of-law agreements to ensure fairness and protect injured parties.

Rome II also sets minimum standards: for example, it requires courts to apply foreign law if it provides stronger protection to the injured person than the forum’s law — but only where that foreign law is mandatory under its own system.

Statutory Text

The law applicable to a non-contractual obligation arising out of a tort/delict shall be the law of the country in which the damage occurs.

— Regulation (EC) No 864/2007, Art. 4(1) — General rule

Statutory Text

Where the person claimed to be liable and the injured party have their habitual residence in the same country at the time when the event giving rise to the damage occurs, the law of that country shall apply.

— Regulation (EC) No 864/2007, Art. 4(2) — Exception for common residence

Statutory Text

The parties may agree to submit non-contractual obligations to the law of their choice… However, in matters relating to harm caused by tort or delict to persons… such choice may only be made after the event giving rise to the damage has occurred.

— Regulation (EC) No 864/2007, Art. 14 — Choice of law

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