Judgment of the Court (Third Chamber) of 17 September 2009 (reference for a preliminary ruling from the Landesgericht Feldkirch (Austria)) — Vorarlberger Gebietskrankenkasse v WGV-Schwäbische Allgemeine Versicherungs AG

(Case C-347/08) (1)

(Regulation (EC) No 44/2001 - Articles 9(1)(b) and 11(2) - Jurisdiction in matters relating to insurance - Motor accident - Statutory assignment of the rights of an injured party in favour of a social security institution - Action for recovery against the insurer of a person allegedly liable - Objective of protecting the weaker party)

2009/C 267/38

Language of the case: German

Referring court

Landesgericht Feldkirch

Parties to the main proceedings

Applicant: Vorarlberger Gebietskrankenkasse

Defendant: WGV-Schwäbische Allgemeine Versicherungs AG

Re:

Reference for a preliminary ruling — Landesgericht Feldkirch — Interpretation of Articles 9(1)(b) and 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 (OJ 2001 L 12, p. 1) — Jurisdiction in insurance matters — Action brought under statutory subrogation by a social security institution before the court for the place where that institution is established against an insurer established in another Member State.

Operative part of the judgment

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) thereof must be interpreted as meaning that a social security institution, acting as the statutory assignee of the rights of the directly injured party in a motor accident, may not bring an action directly in the courts of its Member State of establishment against the insurer of the person allegedly responsible for the accident, where that insurer is established in another Member State.

(1)  OJ C 272, 25.10.2008.