17In that context, it must be noted that the purpose of Article 85a of the Staff Regulations is not to alter the national rules applicable for determining whether and to what extent there is liability on the part of the third party who caused the injury. That third party's liability remains subject to the substantive rules which are normally to be applied by the national court before which the victim's proceedings are brought, that is to say, in principle, the legislation of the Member State in whose territory the injury has occurred (see, in respect of the subrogation of social security bodies under Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community, in its version amended and updated by Council Regulation (EEC) No 2001/83 of 2 June 1983 (OJ 1983 L 230, p. 6), Case C-428/92 DAK [1994] ECR I-2259, paragraph 21).
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