61969J0027

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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - PERSONS ENTITLED TO BENEFIT - CONCEPT

( REGULATION NO 3, ARTICLE 4 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFIT PAYABLE UNDER THE LEGISLATION OF ONE MEMBER STATE FOR AN INJURY SUSTAINED IN THE TERRITORY OF ANOTHER STATE - SUBROGATION OF THE INSTITUTION LIABLE FOR PAYMENT OF BENEFIT - CONNEXION BETWEEN THE INJURY SUSTAINED BY THE WORKER AND HIS PROFESSIONAL OR TRADE ACTIVITY NOT REQUIRED

( REGULATION NO 3, ARTICLE 52 )

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFIT PAYABLE UNDER THE LEGISLATION OF ONE MEMBER STATE FOR INJURY SUSTAINED IN THE TERRITORY OF ANOTHER STATE - SUBROGATION OF THE INSTITUTION LIABLE FOR PAYMENT OF BENEFIT - LEGAL PROCEEDINGS BEFORE THE NATIONAL COURT OF THAT INSTITUTION - CONFORMITY WITH THE APPLICATION OF ARTICLE 52 OF REGULATION NO 3 .

4 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFIT PAYABLE UNDER THE LEGISLATION OF ONE MEMBER STATE IN RESPECT OF AN INJURY SUSTAINED IN THE TERRITORY OF ANOTHER STATE - PURPOSE OF ARTICLE 52 OF REGULATION NO 3 - DIRECT APPLICATION OF THE FIRST PARAGRAPH OF THAT ARTICLE - BILATERAL AGREEMENTS WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 52 - FUNCTION

1 . REGULATION NO 3 IS APPLICABLE TO ANY WAGE - EARNER OR ASSIMILATED WORKER WHO FINDS HIMSELF IN ONE OF THE SITUATIONS INVOLVING INTERNATIONAL ELEMENTS AS PROVIDED FOR IN THE SAID REGULATION, AS WELL AS TO HIS SURVIVORS .

2 . THE PROVISIONS OF ARTICLE 52 OF REGULATION NO 3 ARE APPLICABLE EVEN WHEN THE INJURY SUSTAINED BY THE WORKER HAS NO CONNEXION WITH HIS PROFESSIONAL OR TRADE ACTIVITY .

3 . ARTICLE 52 OF REGULATION NO 3 OF THE COUNCIL OF THE EEC IS ALSO APPLICABLE TO CASES IN WHICH THE INSTITUTION LIABLE FOR PAYMENT OF BENEFIT COMMENCES PROCEEDINGS BEFORE ITS NATIONAL COURT .

4 . THE OBJECT OF ARTICLE 52 IS TO SECURE THE RECOGNITION BY EACH MEMBER STATE OF ANY RIGHT OF ACTION PURSUED BY THE OTHERS IN FAVOUR OF THE INSTITUTION LIABLE FOR PAYMENT OF BENEFIT ACTING AGAINST THE THIRD PARTY LIABLE, EITHER BY MEANS OF SUBROGATION OR ANY OTHER LEGAL METHOD .

THE PROVISIONS OF THE FIRST PARAGRAPH OF ARTICLE 52 ARE WORDED IN PEREMPTORY TERMS AND ARE CAPABLE OF DIRECT APPLICATION . THE SOLE FUNCTION OF BILATERAL AGREEMENTS AS REFERRED TO IN THE SECOND PARAGRAPH OF THAT ARTICLE IS TO PROVIDE FOR THEIR IMPLEMENTATION, WHERE NECESSARY, WITHOUT HOWEVER RENDERING THE DIRECT EFFECT OF THE PROVISION IN QUESTION SUBORDINATE TO THEM .

IN CASE 27/69

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE COUR SUPERIEURE DE JUSTICE OF THE GRAND DUCHY OF LUXEMBOURG ( CIVIL APPEALS CHAMBER ) FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN

CAISSE DE MALADIE DES CFL " ENTR'AIDE MEDICALE ", LUXEMBOURG,

AND

COMPAGNIE BELGE D'ASSURANCES GENERALES SUR LA VIE ET CONTRE LES ACCIDENTS, BRUSSELS, MRS MARCELLE SIMON ( NEE WARNOTTE ), WIDOW OF PAUL SIMON, RESIDING IN LUXEMBOURG, ALSO BEING REPRESENTED,

ON THE INTERPRETATION OF ARTICLE 52 OF REGULATION NO 3 OF THE COUNCIL OF THE EEC OF 25 SEPTEMBER 1958 CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS,

1 BY A JUDGMENT OF 20 MAY 1969, WHICH WAS RECEIVED AT THE COURT REGISTRY ON 17 JUNE 1969, THE COUR SUPERIEURE DE JUSTICE OF THE GRAND DUCHY OF LUXEMBOURG, SITTING IN JUDGMENT ON AN APPEAL, PUT TO THE COURT OF JUTICE THREE QUESTIONS UNDER ARTICLE 177 OF THE TREATY ESTABLISHING THE EEC, REQUESTING THE INTERPRETATION OF ARTICLE 52 OF REGULATION NO 3 OF THE COUNCIL OF THE EEC OF 25 SEPTEMBER 1958 CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS .

THE FIRST QUESTION

2 IN ITS FIRST QUESTION THE NATIONAL COURT ASKS WHETHER THE CONCEPT OF " MIGRANT WORKER " REFERRED TO IN ARTICLE 52 OF THAT REGULATION IS APPLICABLE TO A WAGE-EARNER WHO HAS BOTH HIS PLACE OF WORK AND PLACE OF PERMANENT RESIDENCE IN THE GRAND DUCHY, BUT WHO, AS A RESULT OF PRIVATE TRAVEL UNCONNECTED WITH HIS WORK AS A WAGE-EARNER, HAS BEEN INVOLVED IN A TRAFFIC ACCIDENT OWING TO THE FAULT OF A THIRD PARTY IN THE TERRITORY OF ANOTHER MEMBER STATE .

3 UNDER THE TERMS OF ARTICLE 4(1 ) OF REGULATION NO 3, THE PROVISIONS OF THAT REGULATION " SHALL APPLY TO WAGE-EARNERS OR ASSIMILATED WORKERS WHO ARE OR HAVE BEEN SUBJECT TO THE LEGISLATION OF ONE OR MORE OF THE MEMBER STATES ..., AS ALSO THE MEMBERS OF THEIR FAMILIES AND THEIR SURVIVORS ".

4 THE FACT THAT THE SAID PROVISION EVEN REFERS TO PERSONS WHO COME OR HAVE COME UNDER THE LEGISLATION OF A SINGLE MEMBER STATE SHOWS THAT, FAR FROM REFERRING SOLELY TO MIGRANT WORKERS WITHIN THE STRICT MEANING OF THE TERM, THE REGULATION IS APPLICABLE TO ANY WAGE - EARNER OR ASSIMILATED WORKER WHO FINDS HIMSELF IN ONE OF THE SITUATIONS INVOLVING INTERNATIONAL ELEMENTS AS PROVIDED FOR IN THE SAID REGULATION, AS AS TO HIS SURVIVORS .

5 IN REFERRING TO PERSONS IN RECEIPT OF BENEFIT UNDER THE LEGISLATION OF ONE MEMBER STATE FOR FOR AN INJURY SUSTAINED IN THE TERRITORY OF ANOTHER MEMBER STATE, ARTICLE 52 OF REGULATION NO 3 PLAINLY REFERS TO THE PERSONS MENTIONED BY THAT REGULATION, MORE PARTICULARLY BY ARTICLE 4 THEREOF, IN SO FAR AS THESE PERSONS HAVE SUSTAINED AN INJURY IN THE CIRCUMSTANCES PROVIDED FOR BY THE SAID ARTICLE 52 .

6 TO SUBJECT THE APPLICATION OF THAT ARTICLE TO THE EXISTENCE OF A CONNEXION BETWEEN THE INJURY AND THE STATUS OF MIGRANT WORKER WOULD THEREFORE AMOUNT TO RESTRICTING ITS SCOPE .

7 CONSEQUENTLY THE PROVISIONS OF ARTICLE 52 OF REGULATION NO 3 ARE APPLICABLE EVEN WHEN THE INJURY SUSTAINED BY THE WORKER HAS NO CONNEXION WITH HIS PROFESSIONAL OR TRADE ACTIVITY .

THE SECOND QUESTION

8 IN ITS SECOND QUESTION THE NATIONAL COURT ASKS WHETHER ARTICLE 52 IS APPLICABLE WHEN THE PERSON LIABLE FOR PAYMENT OF BENEFIT DOES NOT INSTITUTE PROCEEDINGS BEFORE THE FOREIGN COURT BUT BEFORE HIS NATIONAL COURT .

9 ARTICLE 52 MAKES ANY RIGHTS WHICH THE INSTITUTION LIABLE FOR PAYMENT MAY HAVE AGAINST THE THIRD PARTY LIABLE FOR THE INJURY DEPENDENT ON THE CONDITION THAT THE PERSON WHO IS IN RECEIPT OF BENEFIT IS ENTITLED TO CLAIM COMPENSATION FOR THAT INJURY FROM A THIRD PARTY IN THE TERRITORY OF THE STATE WHERE THE INJURY WAS SUSTAINED .

10 THIS CONDITION DOES NOT IMPLY THAT THE INSTITUTION LIABLE FOR PAYMENT OF BENEFIT MUST ONLY ENFORCE THE RIGHTS WHICH IT OBTAINS UNDER ARTICLE 52 BEFORE THE COURTS OF THE STATES WHERE THE INJURY WAS SUSTAINED .

11 IN FACT REGULATION NO 3 IN NO WAY INTENDED TO ALTER THE JURISDICTION OF THE NATIONAL COURTS WITH REGARD TO ACTIONS CONCERNING NON - CONTRACTUAL LIABILITY .

12 CONSEQUENTLY THERE IS NOTHING IN COMMUNITY LAW TO PRECLUDE THE APPLICATION OF ARTICLE 52 TO CASES IN WHICH THE PERSON LIABLE FOR PAYMENT OF BENEFIT COMMENCES PROCEEDINGS BEFORE HIS NATIONAL COURT .

THE THIRD QUESTION

13 IN ITS THIRD QUESTION THE NATIONAL COURT REFERS TO THE " DIRECT CLAIM " PROVIDED FOR BY SUBPARAGRAPH ( B ) OF THE FIRST PARAGRAPH OF ARTICLE 52 IN FAVOUR OF THE PERSON LIABLE FOR PAYMENT OF BENEFIT AND ASKS WHAT CLAIM OR REMEDY THE LEGISLATURE ENVISAGED .

14 IT CLARIFIES ITS QUESTION BY ASKING IN ADDITION WHETHER THIS CLAIM MAY BE ASSERTED WITHOUT ITS HAVING BEEN THE SUBJECT OF A PREVIOUS BILATERAL AGREEMENT BETWEEN THE STATE IN WHICH THE INSTITUTION LIABLE FOR PAYMENT OF BENEFIT IS SITUATED AND THE STATE WHERE THE INJURY WAS SUSTAINED .

15 BY THE GENERAL NATURE OF ITS TERMS, THE OBJECT OF ARTICLE 52 IS TO SECURE THE RECOGNITION BY EACH MEMBER STATE OF ANY RIGHT OF ACTION PURSUED BY THE OTHERS IN FAVOUR OF THE INSTITUTION LIABLE FOR PAYMENT OF BENEFIT AGAINST THE THIRD PARTY LIABLE, EITHER BY MEANS OF SUBROGATION OR ANY OTHER LEGAL METHOD .

16 THE PROVISIONS OF THE FIRST PARAGRAPH OF ARTICLE 52 ARE WORDED IN PEREMPTORY TERMS .

17 MOREOVER, THE SAID PARAGRAPH, IN PROVIDING THAT " ANY CLAIMS BY THE INSTITUTION LIABLE FOR PAYMENT OF BENEFIT AGAINST SUCH THIRD PARTY SHALL BE GOVERNED BY THE FOLLOWING RULES ", REFERS ONLY TO SUBPARAGRAPHS ( A ) AND ( B ).

18 THOSE PROVISIONS ARE CAPABLE OF DIRECT APPLICATION .

19 IN PROVIDING IN THE SECOND PARAGRAPH THAT " IMPLEMENTATION OF THESE PROVISIONS SHALL BE THE SUBJECT OF BILATERAL AGREEMENTS ", ARTICLE 52 IN NO WAY MAKES THE EFFECT OF THE FIRST PARAGRAPH DEPENDENT ON THE EXISTENCE OF SUCH AGREEMENTS .

20 THE SOLE FUNCTION OF SUCH AGREEMENTS IS TO PROVIDE DETAILED RULES FOR ITS IMPLEMENTATION, WHERE NECESSARY, WITHOUT HOWEVER RENDERING THE DIRECT EFFECT OF THE PROVISION IN QUESTION SUBORDINATE TO THEM .

21 CONSEQUENTLY THE FACT THAT SUCH AN AGREEMENT HAS BEEN CONCLUDED SOLELY IN CONNEXION WITH THE SUBROGATION REFERRED TO IN SUBPARAGRAPH ( A ) CANNOT LIMIT THE LEGISLATIVE SCOPE OF THE PART OF THE PROVISION EXCLUDED FROM THE AGREEMENT .

22 THE COSTS INCURRED BY THE COMMISSION OF THE EEC, WHICH HAS SUBMITTED ITS OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE .

23 AS THESE PROCEEDINGS ARE, IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE COUR SUPERIEURE DE JUSTICE OF LUXEMBOURG, THE DECISION ON COSTS IS A MATTER FOR THAT COURT .

THE COURT

IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE COUR SUPERIEURE DE JUSTICE OF THE GRAND DUCHY OF LUXEMBOURG BY ORDER OF THAT COURT OF 20 MAY 1969, HEREBY RULES :

1 . ARTICLE 52 OF REGULATION NO 3 OF THE COUNCIL OF THE EEC OF 25 SEPTEMBER 1958 IS APPLICABLE TO A WAGE-EARNER OR ASSIMILATED WORKER WHO HAS BOTH HIS PLACE OF WORK AND PLACE OF PERMANENT RESIDENCE IN ONE MEMBER STATE BUT WHO HAS HAD A TRAFFIC ACCIDENT IN THE TERRITORY OF ANOTHER MEMBER STATE, IRRESPECTIVE OF THE REASONS FOR HIS PRESENCE IN THE LATTER STATE;

2 . ARTICLE 52 OF REGULATION NO 3 OF THE COUNCIL OF THE EEC IS ALSO APPLICABLE WHERE THE INSTITUTION LIABLE FOR PAYMENT OF BENEFIT INSTITUTES PROCEEDINGS BEFORE ITS NATIONAL COURT;

3 . THE OBJECT OF ARTICLE 52 IS TO SECURE THE RECOGNITION BY EACH MEMBER STATE OF ANY RIGHT OF ACTION PURSUED BY THE OTHERS IN FAVOUR OF THE INSTITUTION LIABLE FOR PAYMENT OF BENEFIT AGAINST THE THIRD PARTY LIABLE EITHER BY MEANS OF SUBROGATION OR ANY OTHER LEGAL METHOD . THIS RIGHT MAY BE ASSERTED EVEN THOUGH IT HAS NOT BEEN THE SUBJECT OF A BILATERAL AGREEMENT AS REFERRED TO IN THE SECOND PARAGRAPH OF THE SAME ARTICLE .