CELEX: C2004/262/12
Language: en
Date: 2004-10-23 00:00:00
Title: Judgment of the Court (First Chamber) of 9 September 2004 in Case C-397/02 (reference for a preliminary ruling from the Cour d'appel de Bruxelles): Clinique La Ramée ASBL, Winterthur Europe Assurance SA v Jean-Pierre Riehl, Council of the European Union (Officials — Social benefits — Communities' right of subrogation to an official's rights against the third party liable for an actionable event)

23.10.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 262/6
            
         
      JUDGMENT OF THE COURT
   
   (First Chamber)
   of 9 September 2004
   in Case C-397/02 (reference for a preliminary ruling from the Cour d'appel de Bruxelles): Clinique La Ramée ASBL, Winterthur Europe Assurance SA v Jean-Pierre Riehl, Council of the European Union (1)
   
   (Officials - Social benefits - Communities' right of subrogation to an official's rights against the third party liable for an actionable event)
   (2004/C 262/12)
   Language of the case: French
   In Case C-397/02: reference to the Court for a preliminary ruling under Article 234 EC by the Cour d'appel de Bruxelles (Belgium) by decision of 6 November 2002, registered on 11 November 2002, in the proceedings between Clinique La Ramée ASBL, Winterthur Europe Assurance SA and Jean-Pierre Riehl, Council of the European Union — the Court (First Chamber), composed of: P. Jann (Rapporteur), President of the Chamber, A. Rosas, S. von Bahr, R. Silva de Lapuerta and K. Lenaerts, Judges; P. Léger, Advocate General; M. Múgica Arzamendi, Principal Administrator, for the Registrar, has given a judgment on 9 September 2004, in which it ruled:
   Article 85a of Council Regulation (EEC, Euratom, ECSC) No 259/68 of 29 February 1968 laying down the Staff Regulations of officials and the conditions of employment of other servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission, as amended by Council Regulation (ECSC, EEC, Euratom) No 2799/85 of 27 September 1985, is not to be interpreted as conferring on the Communities the right to obtain from a third party liable for the death of an official reimbursement in full of the survivor's pension paid to the surviving spouse pursuant to Articles 79 and 79(a) of those Staff Regulations, where the law applicable to entitlement to compensation for damage provides that the right to a survivor's pension is unconnected with the obligation of the perpetrator of a wrongful act to compensate in full for the damage and the damage suffered by the surviving spouse as a result of the loss of the deceased wife's income is less than the amount of the survivor's pension paid to him.
   
      (1)  OJ C 7 of 11.1.2003.