Article 85a F1

Where the death, accidental injury or sickness of a person covered by these Staff Regulations is caused by a third party, the F2Union shall, in respect of the obligations incumbent upon them under the 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.

The subrogation provided for by paragraph 1 shall extend inter alia to the following:

• continued payment of remuneration in accordance with Article 59 to the official during the period when he is temporarily unfit to work,

• payments effected in accordance with Article 70 following the death of an official or of a former official entitled to a pension,

• benefits paid under Articles 72 and 73 and their implementing rules, relating to insurance against sickness and accident,

• payment of the costs involved in transporting the body, as referred to in Article 75,

• supplementary family allowances paid in accordance with Article 67 (3) and with Article 2 (3) and (5) of Annex VII in respect of a dependent child suffering from serious illness, infirmity or handicap,

• F3invalidity allowances paid in the event of accident or sickness resulting in permanent invalidity preventing the official from performing his duties,

• survivor's pensions paid in the event of the death of an official or of a former official or the death of the spouse of an official or of a former official entitled to a pension, where the spouse is not an official nor a member of the temporary staff,

• orphan's pensions paid regardless of age to the child of an official or former official 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.

However, the Union 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 73.

The provisions of paragraphs 1, 2 and 3 may not be a bar to direct action by the Union.