UK Notary PIL Practice Questions - UK Notarial Practice Course - Private International Law Exam

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A chemical discharge occurs from a factory in Germany, polluting a river and causing agricultural damage to crops across the border in the Netherlands. Under the rule in Handelskwekerij GJ Bier v Mines de Potasse d'Alsace (retained Art 7(2)), where can the Dutch farmer bring a tort action?

Only in Germany, where the wrongful act originated. Only in the Netherlands, where the direct physical damage occurred. In either Germany (place of the event giving rise to damage) or the Netherlands (place where damage occurred), at the claimant's option. Only in the UK courts under universal jurisdiction for environmental torts.

Correct Answer:

In either Germany (place of the event giving rise to damage) or the Netherlands (place where damage occurred), at the claimant's option.

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