Even though Member States may provide that the claim against the compensation body may be subsidiary, the injured person should not be obliged to present his claim to the person responsible for the accident before presenting it to the compensation body; in this case the injured party should be in at least the same position as in the case of a claim against the guarantee fund under Article 1(4) of Directive 84/5/EEC.
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New version applies from 27/10/2009 — introduced by Directive 2009/103/EC.
47 provisions change.
Recital 29 is deleted from 27/10/2009.