Keywords
Summary

Keywords

Social security for migrant workers - Benefits payable under the legislation of one Member State in respect of injury sustained in the territory of another - Right of action of the institution responsible for benefits as against the liable third party - Rights of the victim - To be determined in accordance with the law of the Member State where the injury was sustained - Subrogation of the institution responsible for benefits and the extent of the rights subrogated - To be determined in accordance with the law of the State of the institution responsible for benefits - Limits

(Council Regulation No 1408/71, Art. 93(1)(a))

Summary

$$On a proper construction of Article 93(1)(a) of Regulation No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Regulation No 2001/83, where an injury has been sustained in the territory of a Member State and has given rise to the payment of social security benefits to the victim, or those entitled under him, by a social security institution (within the meaning of that regulation) of another Member State, the rights of the victim, or of persons entitled under him, against the person who caused the injury and to which that institution may be subrogated, and the requirements which must be satisfied to enable an action in damages to be brought before the courts of the Member State where the injury was sustained, are to be determined in accordance with the law of that State, including any applicable rules of private international law.

On a proper construction of the above provision, the subrogation of a social security institution to the rights of the victim, or those entitled under him, and the extent of the rights to which that institution is subrogated, are to be determined in accordance with the law of the Member State to which the institution belongs, provided always that the exercise of the right to subrogation provided for by that law cannot exceed the rights, under the law of the Member State where the injury was sustained, of the victim, or those entitled under him, against the person responsible for causing the injury.

It is for the court hearing an action to identify and apply the relevant provisions of the legislation of the Member State to which the institution responsible for benefits belongs, even if those provisions exclude or limit the subrogation of such an institution to the rights of the recipient of the benefits against the person who caused the injury, or exclude or limit the exercise of those rights by the institution so subrogated.