OF THAT ARTICLE TO THE EXISTENCE OF A CONNEXION BETWEEN THE INJURY AND THE STATUS OF MIGRANT WORKER WOULD THEREFORE AMOUNT TO RESTRICTING ITS SCOPE .
7 CONSEQUENTLY THE PROVISIONS OF ARTICLE 52 OF REGULATION NO 3 ARE APPLICABLE EVEN WHEN THE INJURY SUSTAINED BY THE WORKER HAS NO CONNEXION WITH HIS PROFESSIONAL OR TRADE ACTIVITY .
THE SECOND QUESTION
8 IN ITS SECOND QUESTION THE NATIONAL COURT ASKS WHETHER ARTICLE 52 IS APPLICABLE WHEN THE PERSON LIABLE FOR PAYMENT OF BENEFIT DOES NOT INSTITUTE PROCEEDINGS BEFORE THE FOREIGN COURT BUT BEFORE HIS NATIONAL COURT .
9 ARTICLE 52 MAKES ANY RIGHTS WHICH THE INSTITUTION LIABLE FOR PAYMENT MAY HAVE AGAINST THE THIRD PARTY LIABLE FOR THE INJURY DEPENDENT ON THE CONDITION THAT THE PERSON WHO IS IN RECEIPT OF BENEFIT IS ENTITLED TO CLAIM COMPENSATION FOR THAT INJURY FROM A THIRD PARTY IN THE TERRITORY OF THE STATE WHERE THE INJURY WAS SUSTAINED .
10 THIS CONDITION DOES NOT IMPLY THAT THE INSTITUTION LIABLE FOR PAYMENT OF BENEFIT MUST ONLY ENFORCE THE RIGHTS WHICH IT OBTAINS UNDER ARTICLE 52 BEFORE THE COURTS OF THE STATES WHERE THE INJURY WAS SUSTAINED .
11 IN FACT REGULATION NO 3 IN NO WAY INTENDED TO ALTER THE JURISDICTION OF THE NATIONAL COURTS WITH REGARD TO ACTIONS CONCERNING NON - CONTRACTUAL LIABILITY .
12 CONSEQUENTLY THERE IS NOTHING IN COMMUNITY LAW TO PRECLUDE THE APPLICATION OF ARTICLE 52 TO CASES IN WHICH THE PERSON LIABLE FOR PAYMENT OF BENEFIT COMMENCES PROCEEDINGS BEFORE HIS NATIONAL COURT .
THE THIRD QUESTION
13 IN ITS THIRD QUESTION THE NATIONAL COURT REFERS TO THE " DIRECT CLAIM " PROVIDED FOR BY SUBPARAGRAPH ( B ) OF THE FIRST PARAGRAPH OF ARTICLE 52 IN FAVOUR OF THE PERSON LIABLE FOR PAYMENT OF BENEFIT AND ASKS WHAT CLAIM OR REMEDY THE LEGISLATURE ENVISAGED .
14 IT CLARIFIES ITS QUESTION BY ASKING IN ADDITION WHETHER THIS CLAIM MAY BE ASSERTED WITHOUT ITS HAVING BEEN THE SUBJECT OF A PREVIOUS BILATERAL AGREEMENT BETWEEN THE STATE IN WHICH THE INSTITUTION LIABLE FOR PAYMENT OF BENEFIT IS SITUATED AND THE STATE WHERE THE INJURY WAS SUSTAINED .
15 BY THE GENERAL NATURE OF ITS TERMS, THE OBJECT OF ARTICLE 52 IS TO SECURE THE RECOGNITION BY EACH MEMBER STATE OF ANY RIGHT OF ACTION PURSUED BY THE OTHERS IN FAVOUR OF THE INSTITUTION LIABLE FOR PAYMENT OF BENEFIT AGAINST THE THIRD PARTY LIABLE, EITHER BY MEANS OF SUBROGATION OR ANY OTHER LEGAL METHOD .
16 THE PROVISIONS OF THE FIRST PARAGRAPH OF ARTICLE 52 ARE WORDED IN PEREMPTORY TERMS .
17 MOREOVER, THE SAID PARAGRAPH, IN PROVIDING THAT " ANY CLAIMS BY THE INSTITUTION LIABLE FOR PAYMENT OF BENEFIT AGAINST SUCH THIRD PARTY SHALL BE GOVERNED BY THE FOLLOWING RULES ", REFERS ONLY TO SUBPARAGRAPHS ( A ) AND ( B ).
18 THOSE PROVISIONS ARE CAPABLE OF DIRECT APPLICATION .
19 IN PROVIDING IN THE SECOND PARAGRAPH THAT " IMPLEMENTATION OF THESE PROVISIONS SHALL BE THE SUBJECT OF BILATERAL AGREEMENTS ", ARTICLE