EN

Official Journal of the European Union

C 34/8

(Case C-494/14)

(2015/C 034/07)

Language of the case: French

Referring court

Parties to the main proceedings

Applicant: European Union, acting through the European Commission

Defendant: Axa Belgium SA

Questions referred

1)Must the term ‘the third party [who caused the death, accidental injury or sickness of a person]’ used in Article 85a(1) of the Staff Regulations of European officials be interpreted autonomously in EU law, or does it refer to the meaning that the term has in national law?

2)If the term has an autonomous scope, must it be interpreted as referring to any person who caused the death, accidental injury or sickness of a person or only a person who is liable by reason of a fault that that person has committed?

3)If the term ‘the third party [who caused the death, accidental injury or sickness of a person]’ is to be interpreted in accordance with national law, does EU law require the national court to allow a subrogated claim lodged by the European Union where one of its officials has been the victim of a road traffic accident involving a vehicle in respect of which liability has not been established, inasmuch as Article 29a of the Law of 21 November 1989 on compulsory insurance against civil liability in respect of the use of motor vehicles provides for the automatic compensation of vulnerable road users by insurers who cover the civil liability of the owner, driver or keeper of the motor vehicle involved in the accident, without the civil liability of the owner, driver or keeper having to be established?

4)Does the content of or system established by the Staff Regulations mean that the expenses incurred by the European Union under Articles 73 and 78 of those regulations must definitively remain its own responsibility?