#62024CJ0357ECJ Judgment C-357/24: Employer Subrogation Rights Under EU Social Security Coordination
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
The judgment concerns the interpretation of the EU Regulation No 883/2004 regarding employer subrogation rights related to sickness benefits. It clarifies that an employer can be regarded as a 'competent institution' and can claim reimbursement of sick pay paid to an employee for temporary incapacity due to an accident that occurred in another member state. The judgment specifies that this right of claim depends on the existence of a legal basis in the member state where the injury occurred.
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Key Changes
- Employers can be recognized as 'competent institutions' under EU social security regulations.
- Clarification on the eligibility of sickness benefits for temporary incapacity due to accidents in another member state.
- Reimbursement claims depend on the legal framework of the member state where the injury occurred.
Obligations
What this law requires
Employers in Germany must transfer the injured employee's right to claim compensation from third parties to the employer, to the extent the employer continues to pay remuneration and related social security contributions under the German Law on Continued Remuneration (Paragraph 6(1))
Insurance companies must compensate health, pension, or disability insurance establishments for actual harm incurred under civil liability of the insured person, within limits of insurance contract obligations, as specified in Article 27 of the Croatian Law on Compulsory Transport Insurance
Croatian employers must reimburse sick pay paid by the Croatian Institute for Health Insurance within 45 days from receipt of reimbursement request, as stated in Article 41(3) of the Croatian Law on Compulsory Health Insurance
Member States must recognize subrogation rights of institutions responsible for providing benefits against third parties liable for compensation, where the institution is subrogated under its applicable legislation, as per Article 85(1)(a) of Regulation (EC) No 883/2004
Member States must recognize direct rights of institutions responsible for providing benefits against liable third parties, as per Article 85(1)(b) of Regulation (EC) No 883/2004