Under Article 9(1)(b), read together with Article 11(2), of Regulation No 44/2001, an employer established in one Member State that continued to pay the salary of an employee absent because of a road traffic accident, and to which the employee's rights against the insurer of the civil liability arising from the vehicle involved in that accident have passed, may, as an "injured party", sue that insurer before the courts of the first Member State - provided that a direct action is permitted.

A social security institution acting as the statutory assignee of the directly injured party's rights in a motor accident may not bring a direct action in the courts of the Member State where it is established against the insurer of the person allegedly responsible for the accident, where that insurer is established in another Member State.

Under Article 11(2), read with Article 9(1)(b), an injured party may bring a direct action against the insurer in the courts of the Member State where that injured party is domiciled - provided that a direct action is permitted and the insurer is domiciled in a Member State.