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Case C-347/08: Reference for a preliminary ruling from the Landesgericht Feldkirch (Austria) lodged on 28 July 2008 — Vorarlberger Gebietskrankenkasse v WGV-Schwäbische Allgemeine Versicherungs AG
ECLI:EU:UNKNOWN:62008CN0347
62008CN0347
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Valentina R., lawyer
25.10.2008
Official Journal of the European Union
C 272/11
(Case C-347/08)
(2008/C 272/18)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Vorarlberger Gebietskrankenkasse
Defendant: WGV-Schwäbische Allgemeine Versicherungs AG
Questions referred
1.Is the reference in Article 11(2) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters to Article 9(1)(b) of that regulation to be interpreted as meaning that a social security institution, to which the claims of the directly injured party have passed by operation of law (Paragraph 332 of the Allgemeines Sozialversicherungsgesetz (General Social Insurance Law, ASVG)), may bring an action directly against the insurer in the courts for the place in a Member State where the social security institution is established, provided that such a direct action is permitted and the insurer is domiciled in a Member State?
2.If the answer to Question 1 is in the affirmative: Does that jurisdiction exist even if at the time of bringing the action the directly injured party is not permanently or ordinarily resident in the Member State in which the social security institution is established?
(1) OJ 2001 L 12, p. 1.