Request for a preliminary ruling from the Landgericht München I (Germany) lodged on 22 August 2023 – Bundesrepublik Deutschland v Mutua Madrileña Automovilista

(Case C-536/23, Mutua Madrileña Automovilista)

Language of the case: German

Referring court

Landgericht München I

Parties to the main proceedings

Applicant and appellant: Bundesrepublik Deutschland

Defendant and respondent: Mutua Madrileña Automovilista

Question referred

Must Article 13(2) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, ¹ read in conjunction with Article 11(1)(b) of that regulation, be interpreted as meaning that a Member State of the European Union itself, in its capacity as an employer which has continued to pay the remuneration of its official who has (temporarily) become unfit for work as a result of a road traffic accident and which is subrogated to the official’s rights vis-à-vis the company, established in another Member State, that provides the civil liability insurance for the vehicle involved in that accident, may sue the insurance company as an ‘injured party’ within the meaning of that provision before the courts for the place where the official who is unfit for work is domiciled, where a direct action is permitted?

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¹ OJ 2012 L 351, p. 1.