Judgment — ECLI:EU:C:2015:692
Date: 2015-10-15
Language of the case: French
Court formation: Fifth Chamber
Subject matter: Staff regulations and employment conditions - EC
Procedure: Reference for a preliminary ruling;Reference for a preliminary ruling - decision unnecessary
Origin: Belgium

Summary – Judgment of the Court (Fifth Chamber) of 15 October 2015 1. Officials – Subrogation of the European Union to the rights of an official against the third party responsible for an event causing death, injury or sickness – Limits – Application of national law to determine the scope of the obligation to pay compensation (Staff Regulations, Article 85a) 2. EU law – Interpretation – Principles – Independent and uniform interpretation 3. Officials – Subrogation of the European Union to the rights of an official against the third party responsible for an event causing death, injury or sickness – Concept of a third party – Autonomous concept of EU law (Staff Regulations, Articles 1a and 85a(1)) 4. EU law – Interpretation – Texts in several languages – Uniform interpretation – Differences between the various language versions – Account taken of the general scheme and purpose of the rules in question (Staff Regulations, Article 85a) 5. Officials – Subrogation of the European Union to the rights of an official against a third party responsible for an event causing death, injury or sickness – Any person required, under national law, to pay compensation for the damage suffered by the victim or those entitled under him (Staff Regulations, Article 85a(1)) 6. Officials – Subrogation of the European Union to the rights of an official against a third party responsible for an event causing death, injury or sickness – Recovery of the amount of invalidity benefits paid to the official concerned – Benefits not required definitively to remain the responsibility of the European Union (Staff Regulations, Articles 73, 78 and 85a(1) and (4)) 1. See the text of the decision. (see para 18) 2. See the text of the decision. (see para 21) 3. The concept of ‘third party’, referred to in Article 85a(1) of the Staff Regulations, must be given an autonomous and uniform interpretation within the EU legal order. In accordance with Article 1a of the Staff Regulations, officials are entitled to equal treatment under those regulations, meaning that the regulations, as a general rule, must be given an autonomous and uniform interpretation throughout the European Union. Accordingly, the concept of the ‘third party’, which determines the extent of the subrogation provided for in Article 85a of the Staff Regulations, must be given an interpretation which permits its autonomous and uniform application throughout the European Union. (see paras 24, 25, 28, operative part 1) 4. See the text of the decision. (see paras 30-32) 5. The concept of the ‘third party’, within the meaning of Article 85a(1) of the Staff Regulations, covers any person, including insurers, required under national law to pay compensation for the damage suffered by the victim or those entitled under him. The purpose of the subrogation of the European Union referred to in Article 85a of the Staff Regulations is to ensure that an official is not compensated twice in respect of the same damage. In so far as the damage suffered by an official renders the European Union subject to the obligation to pay him benefits under the Staff Regulations, the risk of twofold compensation can be avoided only if the official is deprived of his rights against any third party responsible for causing him damage, those rights being transferred to the European Union. That aim can be fully achieved only if the subrogation provided for in that article covers schemes for compensating victims of accidents, irrespective of whether those schemes are regarded under the national law concerned as a fault-based liability regime or as another form of obligation to provide compensation, including when those schemes require that a third party pay compensation for damage irrespective of any fault. Accordingly, given the purpose of the subrogation provided for in Article 85a of the Staff Regulations, the concept of the third party must be interpreted broadly and may not be limited to cases entailing fault-based liability alone. (see paras 33-36, operative part 2) 6. The Staff Regulations may not be interpreted as meaning that, in the context of a direct action under Article 85a(4) of those regulations, the benefits that the European Union is obliged to provide under, first, Article 73 of those regulations, covering risks of sickness and accident, and, secondly, Article 78 of the regulations, in respect of the payment of an invalidity pension, must definitively remain its own responsibility. First, Article 85a(4) of the Staff Regulations expressly provides that the European Union is not restricted to claiming by way of subrogation under Article 85a(1) of those regulations for damage suffered by its officials, but may also bring a direct action to obtain compensation for damage sustained in its own right, in particular on account of the benefits that it is required to pay under those regulations. Secondly, while the nature of the invalidity pension arises out of a particular feature of the relationship under the Staff Regulations between the European Union and its officials, the need to respect that particular feature does not, however, mean that benefits paid as an invalidity pension must definitively remain the responsibility of the European Union. (see paras 42-44, operative part 3)