Request for a preliminary ruling from the Visoki trgovački sud Republike Hrvatske (Croatia) lodged on 16 May 2024 – Freistaat Bayern v Euroherc osiguranje d.d.

(Case C-357/24, Freistaat Bayern)

(C/2024/5492)

Language of the case: Croatian

Referring court

Visoki trgovački sud Republike Hrvatske

Parties to the main proceedings

Applicant: Freistaat Bayern

Defendant: Euroherc osiguranje d.d.

Question referred

Must Article 85(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (1) be interpreted as meaning that in order for an employer, as the institution obliged to pay benefits, to have a recourse claim for sickness benefits paid to an employee for an injury resulting from events that occurred in the territory of another Member State against the third party liable to provide compensation for the injury or against its civil liability insurer, it is necessary for there to exist a legal basis for claiming such compensation in the Member State where the injury occurred?

(1)  Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ 2004 L 166, p. 1).