CELEX: E2016J0011
Language: en
Date: 2017-07-20 00:00:00
Title: Judgment of the Court of 20 July 2017 in Case E-11/16 — Mobil Betriebskrankenkasse v Tryg Forsikring, supported by the Norwegian Motor Insurers’ Bureau (Trafikkforsikringsforeningen) (Article 93 of Regulation (EEC) No 1408/71 — Regulation (EC) No 883/2004 — Rights of institutions responsible for benefits against liable third parties — Subrogation and direct rights)

4.1.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 1/8
            
         JUDGMENT OF THE COURT
   of 20 July 2017
   in Case E-11/16
   Mobil Betriebskrankenkasse v Tryg Forsikring, supported by the Norwegian Motor Insurers’ Bureau (Trafikkforsikringsforeningen)
   
      (Article 93 of Regulation (EEC) No 1408/71 — Regulation (EC) No 883/2004 — Rights of institutions responsible for benefits against liable third parties — Subrogation and direct rights)
   
   (2018/C 1/10)
   In Case E-11/16, Mobil Betriebskrankenkasse v Tryg Forsikring, supported by the Norwegian Motor Insurers’ Bureau (Trafikkforsikringsforeningen) — REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by Oslo District Court (Oslo tingrett) concerning the interpretation of Article 85(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, the Court, composed of Carl Baudenbacher, President, Per Christiansen (Judge-Rapporteur) and Benedikt Bogason (ad hoc), Judges, gave judgment on 20 July 2017, the operative part of which is as follows:
   
               1.
            
            
               Where an institution responsible for benefits has, by virtue of the legislation which it administers, a subrogated or direct right against a third party responsible for an injury sustained in another EEA State, Article 93(1) of Regulation (EEC) No 1408/71 requires other EEA States to recognise such rights as provided for under the law of the EEA State to which that institution is subject.
            
         
               2.
            
            
               However, that subrogated or direct right cannot exceed the rights that the injured person has against the third party responsible for the injury under the national law of the EEA State where the injury occurred, including any applicable rules of private international law.
            
         
               3.
            
            
               Nevertheless, the fact that, under the law of the EEA State in which the injury occurred, necessary treatment has been provided without giving rise to any costs for the injured person himself does not preclude the institution responsible for providing benefits from claiming compensation from the third party for costs incurred due to such treatment.