{
  "url": "https://openlegislation.uk/eu-decision-2016-1351/article-94",
  "json_url": "https://openlegislation.uk/eu-decision-2016-1351/article-94.json",
  "legislation": "eudn/2016/1351",
  "legislation_title": "Council Decision (EU) 2016/1351 of 4 August 2016 concerning the Staff Regulations of the European Defence Agency, and repealing Decision 2004/676/EC",
  "legislation_url": "https://openlegislation.uk/eu-decision-2016-1351",
  "path": "article/94",
  "kind": "article",
  "number": "94",
  "heading": null,
  "text": "1. Where the death, accidental injury or sickness of a person covered by these Staff Regulations is caused by a third party, the Agency shall, in respect of the obligations incumbent upon it under these Staff Regulations consequent upon the event causing such death, injury or sickness, stand subrogated to the rights, including rights of action, of the victim or of those entitled under him against the third party.\n2. The subrogation provided for by paragraph 1 shall extend inter alia to the following:\ncontinued payment of remuneration in accordance with Article 53 to the member of temporary staff during the period when he is temporarily unfit to work,\npayments effected in accordance with Article 60(8) following the death of a member of temporary staff or of a person entitled to an invalidity allowance,\nbenefits paid under Articles 68 and 69 and their implementing rules, relating to insurance against sickness and accident,\npayment of the costs involved in transporting the body, as referred to in Article 73,\nsupplementary family allowances paid in accordance with Article 60(5) and with Article 2(3) and (5) of Annex IV in respect of a dependent child suffering from serious illness, infirmity or handicap,\ninvalidity allowances paid in the event of accident or sickness resulting in permanent invalidity preventing the member of temporary staff from performing his duties,\nsurvivor's pensions paid in the event of the death of a member of temporary staff or of a former member of temporary staff or the death of the spouse of a member of temporary staff or of a former member of temporary staff entitled to a pension, where the spouse is not a member of temporary staff,\norphan's pension paid regardless of age to the child of a member of temporary staff or former member of temporary staff where that child is prevented by serious illness, infirmity or handicap from earning a livelihood after the death of the person on whom he was dependent.\n3. However, the Agency shall not be subrogated to rights of compensation in respect of purely personal damage such as non-material injury, damages for pain and suffering or compensation for disfigurement and loss of amenity over and above the allowance granted for those headings under Article 69.\n4. The provisions of paragraphs 1, 2 and 3 may not be a bar to direct action by the Agency.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2016/1351/article/94",
    "retrieved_at": "2026-11-01T15:13:51.742354+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}