Keywords
Summary

Keywords

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Officials - Subrogation of the Communities - Event giving rise to subrogation - Occurrence of harmful event - Settlement between an official and a third party who has incurred liability - Availability as a defence against the institution subrogated to the victim' s rights - Exceptions

(Staff Regulations, Art. 85a(1) )

Summary

The automatic subrogation of the Communities to the rights of redress of a Community official, provided for in Article 73(4) of the version of the Staff Regulations of Officials of the European Communities in force following the amendments made by Regulation No 912/78 and in Article 85a(1) of the version at present in force, takes effect immediately upon the occurrence of the harmful event. However, a third party who has incurred liability and who has concluded a settlement with the Community official may validly rely on such a settlement as against the institution unless, before the settlement with the official in question is concluded, the institution informs that third party of the existence of the right of subrogation and of its intention to exercise that right, or unless it provides proof that the third party who has incurred liability was informed, before the settlement with the official was concluded, of the existence of the right of subrogation.