Royale belge v Robert Joris. (Officials) [1992] EUECJ C-333/90 (26 February 1992)

Royale belge v Robert Joris. (Officials) [1992] EUECJ C-333/90 (26 February 1992)

The Communities' subrogation to the rights of redress of an official under Article 73(4) of the Staff Regulations takes effect immediately upon the occurrence of the harmful event. However, a third party who has incurred liability and who has concluded a settlement with the official may validly rely on such a settlement against the institution unless, before the settlement, the institution informs the third party of the right of subrogation and its intention to exercise it, or proves the third party was aware of it.

Citation
[1992] EUECJ C-333/90
Parties
Applicant: Guy Hinger; Respondent: Robert Joris; Applicant: Royale Belge; Intervener: Commission of the European Communities
Jurisdiction
European Union
Judgment Date
26 February 1992
Procedural Posture
Preliminary Ruling / Reference From National Court
Outcome
Preliminary ruling issued; interpretation of Staff Regulations provided.
Legal Topics
Staff Regulations of Officials, Subrogation, Compensation for Accidents, Third Party Liability
European Union Law Employment Law Staff Regulations of Officials Subrogation Compensation for Accidents Third Party Liability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Guy Hinger

Applicant

Robert Joris

Respondent

Royale Belge

Applicant

Commission of the European Communities

Intervener

Procedural Posture

Preliminary Ruling / Reference From National Court

Legal Issues

  1. 1 Timing of statutory subrogation under Staff Regulations
  2. 2 Effect of settlements between official and third party on Community subrogation rights

Ratio Decidendi

The Communities' subrogation to the rights of redress of an official under Article 73(4) of the Staff Regulations takes effect immediately upon the occurrence of the harmful event. However, a third party who has incurred liability and who has concluded a settlement with the official may validly rely on such a settlement against the institution unless, before the settlement, the institution informs the third party of the right of subrogation and its intention to exercise it, or proves the third party was aware of it.

Court Disposition

Preliminary ruling issued; interpretation of Staff Regulations provided.

Orders

  • Automatic subrogation takes effect immediately upon the harmful event.
  • Third parties may rely on settlements unless informed of subrogation rights before settlement.