FGTI v Victoria Seguros. The CJEU verbosely on subrogration and statutes of limitation under Rome II.

Gilles Cuniberti reviewed the CJEU’s judgment in C‑264/22 FGTI v Victoria Seguros here, and I agree the judgment in convoluted terms replies to a fairly obvious question. Obvious, for with Giles, I would suggest the

‘result of the subrogation is clearly to transfer to the Fund the rights of the victims. Subrogation does not establish new rights. It merely transfers existing rights from one person (the victim) to another (here the Fund).’ (The Fund is the French public body compensating the victims of certain torts, whereupon it is subrogated in the victim’s rights).

The CJEU much more verbosely comes to the same conclusion, without making reference to the potential complication signalled by Giles, with respect to a likely or at the least potential French judgment eg confirming a relevant settlement, which could lead to novatio arguments.

Geert.