CELEX: C1999/366/11
Language: en
Date: 1999-12-18 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 21 September 1999 in Case C-397/96 (reference for a preliminary ruling from the Landgericht Trier): Caisse de Pension des Employés Privés v Dieter Kordel, Rainer Kordel, Frankfurter Allianz Versicherungs AG (Social security - Institution responsible for benefits - Right of action against liable third party - Subrogation)

18.12.1999              EN                        Official Journal of the European Communities                                               C 366/7
1. Declares that, by not adopting, for the classes of projects covered       Court (Fifth Chamber), composed of: J.-P. Puissochet, President
    by points 1(d) and 2(a) of Annex II to Council Directive                 of the Chamber, P. Jann, D.A.O. Edward (Rapporteur), L. Sevón
    85/337/EEC of 27 June 1985 on the assessment of the effects              and M. Wathelet, Judges; A. Saggio, Advocate General; H. von
    of certain public and private projects on the environment, the           Holstein, Deputy Registrar, has given a judgment on 21 Sep-
    measures necessary to transpose Article 4(2) of that directive           tember 1999, in which it has ruled:
    correctly, and by not transposing Articles 2(3), 5 and 7 thereof,
    Ireland has failed to fulfil its obligations under that directive;
                                                                             1. On a proper construction of Article 93(1)(a) of Council Regu-
2. Dismisses the remainder of the application;                                   lation (EEC) No 1408/71 of 14 June 1971 on the application
                                                                                 of social security schemes to employed persons, to self-employed
3. Orders Ireland to pay the costs.                                              persons and to members of their families moving within the
                                                                                 Community, as amended and updated by Council Regulation
                                                                                 (EEC) No 2001/83 of 2 June 1983, where an injury has been
                                                                                 sustained in the territory of a Member State and has given rise
(1) OJ No C 40 of 8.2.1997.                                                      to the payment of social security benefits to the victim or those
                                                                                 entitled under him by a social security institution (within the
                                                                                 meaning of that regulation) of another Member State, the rights
                                                                                 of the victim, or those entitled under him, against the person who
                                                                                 caused the injury and to which that institution may be subrogated,
                                                                                 and the requirements which must be satisfied to enable an action
                                                                                 in damages to be brought before the courts of the Member State
                                                                                 where the injury was sustained, are to be determined in accordance
                                                                                 with the law of that State, including any applicable rules of
                                                                                 private international law.
                 JUDGMENT OF THE COURT
                          (Fifth Chamber)                                    2. On a proper construction of Article 93(1)(a) of Regulation
                                                                                 No 1408/71, as amended and updated by Regulation
                                                                                 No 2001/83, the subrogation of a social security institution
                      of 21 September 1999                                       (within the meaning of that regulation) governed by the law of a
                                                                                 Member State to the rights of the victim, or those entitled under
in Case C-397/96 (reference for a preliminary ruling from                        him, against a person who, in the territory of another Member
the Landgericht Trier): Caisse de Pension des Employés                           State, caused an injury which gave rise to the payment by that
Privés v Dieter Kordel, Rainer Kordel, Frankfurter Allianz                       institution of social security benefits, and the extent of the rights
                       Versicherungs AG (1)                                      to which that institution is subrogated, are to be determined in
                                                                                 accordance with the law of the Member State to which the
                                                                                 institution belongs, provided always that the exercise of the right
(Social security — Institution responsible for benefits —                        to subrogation provided for by that law cannot exceed the rights,
  Right of action against liable third party — Subrogation)                      under the law of the Member State where the injury was
                                                                                 sustained, of the victim, or those entitled under him, against the
                                                                                 person responsible for causing the injury.
                          (1999/C 366/11)
                   (Language of the case: German)                            3. It is for the court hearing an action to identify and apply the
                                                                                 relevant provisions of the legislation of the Member State to
                                                                                 which the institution responsible for benefits belongs, even if
                                                                                 those provisions exclude or limit the subrogation of such an
(Provisional translation; the definitive translation will be published           institution to the rights of the recipient of the benefits against the
                   in the European Court Reports)                                person who caused the injury, or exclude or limit the exercise of
                                                                                 those rights by the institution so subrogated.
In Case C-397/96: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Landgericht Trier
(Regional Court, Trier), Germany, for a preliminary ruling in
the proceedings pending before that court between Caisse de
Pension des Employés Privés and Dieter Kordel, Rainer Kordel,                (1) OJ No C 40 of 8.2.1997.
Frankfurter Allianz Versicherungs AG — on the interpretation
of Article 93 (1) (a) of Council Regulation (EEC) No 1408/71
of 14 June 1971 on the application of social security schemes
to employed persons, to self-employed persons and to mem-
bers of their families moving within the Community, as
amended and updated by Council Regulation (EEC)
No 2001/83 of 2 June 1983 (OJ 1983 L 230, p. 6) — the