Case C-536/23, Mutua Madrileña Automovilista: Judgment of the Court (Fourth Chamber) of 30 April 2025 (request for a preliminary ruling from the Landgericht München I – Germany) – Bundesrepublik Deutschland v Mutua Madrileña Automovilista (Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Jurisdiction in matters relating to insurance – Article 11(1)(b) – Article 13(2) – Action brought by an injured party directly against an insurer – Concept of injured party – Official injured in a road traffic accident – Continued remuneration during that official’s incapacity to work – Member State acting as the employer subrogated to that official’s rights to compensation – Jurisdiction of the courts for the place where the claimant is domiciled – Place where the administrative body employing that official has its seat)
Date: 2025-04-30
Institutions: Court of Justice
Subjects: EU Member State, civil servant, employer, incapacity for work, judicial cooperation in civil matters in the EU, legal domicile, remuneration of work, seat of institution, territorial jurisdiction, transport accident








C_202503243EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/3243


24.6.2025






Judgment of the Court (Fourth Chamber) of 30 April 2025 (request for a preliminary ruling from the Landgericht München I – Germany) – Bundesrepublik Deutschland v Mutua Madrileña Automovilista


(Case C-536/23,
                (1)
Mutua Madrileña Automovilista)

(Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EU) No 1215/2012 - Jurisdiction in matters relating to insurance - Article 11(1)(b) - Article 13(2) - Action brought by an injured party directly against an insurer - Concept of ‘injured party’ - Official injured in a road traffic accident - Continued remuneration during that official’s incapacity to work - Member State acting as the employer subrogated to that official’s rights to compensation - Jurisdiction of the courts for the place where the claimant is domiciled - Place where the administrative body employing that official has its seat)
(C/2025/3243)
Language of the case: German

Referring court

Landgericht München I

Parties to the main proceedings


Applicant: Bundesrepublik Deutschland

Defendant: Mutua Madrileña Automovilista

Operative part of the judgment

Article 13(2) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, read in conjunction with Article 11(1)(b) of that regulation,
must be interpreted as meaning that a Member State acting as an employer subrogated to the rights of an official injured in a road traffic accident, which continued to pay the remuneration of that official during the official’s incapacity to work, may, in its capacity as an ‘injured party’ within the meaning of that Article 13(2), sue the company providing insurance against civil liability resulting from the use of the vehicle involved in that accident not in the courts for the place where the official is domiciled, but in the courts for the place where the administrative body employing that official has its seat, where direct actions are permitted.


(1)  OJ C C/2023/1128.


ELI: http://data.europa.eu/eli/C/2025/3243/oj
ISSN 1977-091X (electronic edition)