STATE FOLLOWING AN ACCIDENT IN THE TERRITORY OF ANOTHER MEMBER STATE INVOLVING A PERSON INSURED WITH SUCH INSTITUTION , IS GOVERNED , AS REGARDS ITS EXTENT AND THE APPORTIONMENT BETWEEN THE INSTITUTION AND THE INSURED PERSON OR HIS LEGAL SUCCESSORS OF THE COMPENSATION PAYABLE BY THE PERSON RESPONSIBLE FOR THE ACCIDENT , BY THE LEGISLATION OF THE STATE IN WHICH THE SAID INSTITUTION IS ESTABLISHED .
10 ARTICLE 52 OF REGULATION NO 3 OF THE COUNCIL PROVIDES THAT :
' IF A PERSON WHO IS IN RECEIPT OF BENEFIT UNDER THE LEGISLATION OF ONE MEMBER STATE , IN RESPECT OF AN INJURY SUSTAINED IN THE TERRITORY OF ANOTHER STATE , IS ENTITLED TO CLAIM COMPENSATION FOR THAT INJURY FROM A THIRD PARTY IN THE LATTER STATE ' S TERRITORY , ANY CLAIMS BY THE INSTITUTION LIABLE FOR PAYMENT OF BENEFIT AGAINST SUCH THIRD PARTY SHALL BE GOVERNED BY THE FOLLOWING RULES :
( A ) WHERE THE SAID INSTITUTION IS , UNDER THE LEGISLATION APPLICABLE TO IT , SUBSTITUTED FOR THE BENEFICIARY IN HIS CLAIMS AGAINST THE THIRD PARTY , SUCH SUBSTITUTION SHALL BE RECOGNIZED BY EACH MEMBER STATE ;
( B ) WHERE THE SAID INSTITUTION HAS A DIRECT CLAIM AGAINST THE THIRD PARTY , SUCH CLAIM SHALL BE RECOGNIZED BY EACH MEMBER STATE . '
11 UNDER THE TERMS OF THAT ARTICLE , THE SUBROGATION TAKES PLACE UNDER THE LEGISLATION APPLICABLE TO THE INSTITUTION LIABLE TO PAY BENEFITS .
12 THEREFORE THE GRANT OF THE RIGHT OF SUBROGATION MUST BE EXAMINED ON THE BASIS OF THAT LEGISLATION .
13 ON THE OTHER HAND , FOR THE PURPOSES OF DETERMINING THE CONTENT OF THAT RIGHT , ACCOUNT MUST BE TAKEN OF THE LIMITATION RESULTING FROM THE PROVISIONS OF ARTICLE 52 OF THE REGULATION , WHEREBY SUBROGATION IS PERMITTED ONLY IN SO FAR AS THE DAMAGE IS THE CAUSE OF THE BENEFITS PAID BY THE INSTITUTION LIABLE TO PAY THEM .
14 THIS INTERPRETATION FOLLOWS FROM THE VERY TERMS OF THE ARTICLE , IN WHICH THE EXPRESSION ' THAT INJURY ' REFERS TO THE INJURY IN RESPECT OF WHICH A PERSON IS IN RECEIPT OF THE BENEFIT THE GRANT OF WHICH GIVES RISE TO SUBROGATION .
15 THEREFORE , IF THE INSTITUTION LIABLE TO PAY BENEFITS IS , UNDER THE LEGISLATION APPLICABLE TO IT , SUBROGATED TO THE RIGHTS OF THE RECIPIENT , THE COURT BEFORE WHICH THE CASE IS BROUGHT MUST RECOGNIZE THE SUBROGATION ONLY WITHIN THE LIMITS OF THE INJURY THUS DEFINED .
16 IF IT EMERGES BEFORE THAT COURT THAT , APART FROM THE INJURY CONSTITUTING THE CAUSE OF THE SOCIAL SECURITY BENEFIT , THE RECIPIENT THEREOF MAY ALSO CLAIM OTHER COMPENSATION BY VIRTUE OF MATERIAL OR NON-MATERIAL LOSSES , SUCH COMPENSATION CANNOT FORM THE SUBJECT-MATTER OF THE SUBROGATION .
17 IT FOLLOWS THAT , BEFORE SUCH COURT , THE AMOUNT TO WHICH THE INSTITUTION LIABLE TO PAY BENEFITS IS ENTITLED BY WAY OF SUBROGATION MUST BE CALCULATED SO AS NOT TO AFFECT EITHER THE AMOUNT OF