IT MUST BE POINTED OUT THAT ARTICLE 15 OF THE BELGIAN LAW OF 1 JULY 1956 ON COMPULSORY INSURANCE AGAINST LIABILITY TO THIRD PARTIES IN RESPECT OF MOTOR VEHICLES PROVIDES THAT ALL INSURERS MUST BE AFFILIATED TO A JOINT GUARANTEE FUND WHICH IS REQUIRED TO ASSUME THE OBLIGATIONS OF PERSONS CAUSING CERTAIN ACCIDENTS AND IN PARTICULAR TO PAY DAMAGES IN RESPECT OF PHYSICAL INJURIES CAUSED BY UNIDENTIFIED OR STOLEN MOTOR VEHICLES OR VEHICLES NOT COVERED BY INSURANCE IN ACCORDANCE WITH THE PROVISIONS OF THE LAW . IT WAS PRECISELY FOR THAT PURPOSE THAT THE FUND WAS CREATED IN THE FORM OF A MUTUAL INSURANCE ASSOCIATION AND WAS AUTHORIZED BY ROYAL DECREE OF 31 JANUARY 1957 .
9 THE BELGIAN LAW OF 9 AUGUST 1963 , INTRODUCING AND REGULATING A COMPULSORY SICKNESS AND INVALIDITY INSURANCE SCHEME , REGULATES IN ARTICLE 70 THE RELATIONSHIP BETWEEN THE INSTITUTIONS RESPONSIBLE FOR ADMINISTERING THE SICKNESS AND INVALIDITY INSURANCE SCHEME AND THE FUND AS FAR AS CONCERNS THE COSTS WHICH THE INSURANCE INSTITUTIONS INCUR AS A RESULT OF ROAD ACCIDENTS CAUSED BY UNIDENTIFIED , STOLEN OR UNINSURED VEHICLES . THAT LAW PROVIDES THAT IN SUCH CASES ' ' THE INSURANCE INSTITUTION SHALL HAVE A SPECIFIC RIGHT OF RECOVERY AGAINST THE GEMEENSCHAPPLIJK MOTORWAARBORGFONDS REFERRED TO IN ARTICLE 15 OF THE LAW OF 1 JULY 1956 ' ' . ARTICLE 2 ( D ) OF THE SAME LAW DEFINES ' ' INSURANCE INSTITUTIONS ' ' AS THE RELIEF FUND FOR SICKNESS AND INVALIDITY INSURANCE ( HULPKAS VOOR ZIEKTE-EN INVALIDITEITSVERZEKERING ) AND THE ' ' AUTHORIZED NATIONAL FEDERATIONS ' ' ( LANDSBONDEN ), THAT IS TO SAY BELGIAN INSTITUTIONS ONLY .
10 AS REGARDS REGULATION NO 1408/71 , ARTICLE 93 , WHICH IS HEADED ' ' RIGHTS OF INSTITUTIONS RESPONSIBLE FOR BENEFITS AGAINST LIABLE THIRD PARTIES ' ' , PROVIDES THAT :
' ' IF A PERSON RECEIVES BENEFITS UNDER THE LEGISLATION OF ONE MEMBER STATE IN RESPECT OF AN INJURY RESULTING FROM AN OCCURRENCE IN THE TERRITORY OF ANOTHER STATE , ANY RIGHTS OF THE INSTITUTION RESPONSIBLE FOR BENEFITS AGAINST A THIRD PARTY BOUND TO COMPENSATE FOR THE INJURY SHALL BE GOVERNED BY THE FOLLOWING RULES :
( A ) WHERE THE INSTITUTION RESPONSIBLE FOR BENEFITS IS , BY VIRTUE OF THE LEGISLATION WHICH IT ADMINISTERS , SUBROGATED TO THE RIGHTS WHICH THE RECIPIENT HAS AGAINST THE THIRD PARTY , SUCH SUBROGATION SHALL BE RECOGNIZED BY EACH MEMBER STATE ;
( B)WHERE THE SAID INSTITUTION HAS DIRECT RIGHTS AGAINST THE THIRD PARTY , SUCH RIGHTS SHALL BE RECOGNIZED BY EACH MEMBER STATE . ' '
11 IN THE COMMISSION ' S OPINION , REGULATION NO 1408/71 IS NOT APPLICABLE IN THE PRESENT CASE SINCE , AS REGARDS ITS APPLICABILITY RATIONE PERSONAE , IT DOES NOT APPEAR FROM THE INFORMATION AVAILABLE THAT MRS KENIS BELONGS TO THE CATEGORY OF WORKERS MOVING WITHIN THE COMMUNITY OR MEMBERS OF THEIR FAMILIES AND SINCE , AS REGARDS ITS APPLICABILITY RATIONE MATERIAE , THE RELATIONSHIP BETWEEN MRS KENIS AND TIEL-UTRECHT SEEMS TO BE