Resources Case Law
CASE-LAW ELENA LUCA V CASA DE ASIGUR?RI DE S?N?TATE BAC?U
2013-07-11
C-430/12
Case field: Freedom to provide services, Social security for migrant workers
In case C- 430/12 (Elena Luca v Casa de Asigur?ri de S?n?tate Bac?u) the Court ruled that Regulation 1408/71 does not, in principle, preclude legislation of a Member State which makes the entitlement to full reimbursement of expenses incurred in respect of hospital treatment provided in another Member State subject to obtaining prior authorisation.
On the other hand, those provisions preclude such legislation which is interpreted as excluding, in all cases, full reimbursement by the competent institution for hospital treatment given without prior authorisation.
CASE-LAW WATTS
2006-05-16
C-372/04
Case field: Freedom to provide services
Mrs Watts had applied in October 2002 for authorisation to undergo hip replacement surgery abroad under the E 112 scheme, after being listed for surgery in a year’s time. She was re-examined in January 2003 and was listed for surgery within three or four months. In March 2003 Mrs. Watts decided to undergo hip replacement in France, paying almost £4,000. The UK High Court dismissed the application for reimbursement of the medical fees incurred in France on the ground that there was no undue delay after her re-examination in January 2003. Mrs. Watts appealed against that judgment, and the Court of Appeal referred to the Court of Justice of the European Communities. The ECJ ruled that a refusal to grant authorisation in advance cannot be based solely on the existence of waiting lists without an objective medical assessment of the patient’s medical condition, the history and probable course of his illness, the degree of pain he is in and/or the nature of his disability at the time when the request for authorisation was made or renewed.
Case field: Freedom to provide services
Subjects: Social security – National health system funded by the State – Medical expenses incurred in another Member State – Articles 48 EC to 50 EC and 152[5] EC – Article 22 of Regulation (EEC) No 1408/71
CASE-LAW DELLAS
2005-12-01
C-14/04
The court of justice confirms that on-call duty is classified as working time night duty carried out by a teacher in an establishment for handicapped persons must be taken into account in its entirety for ascertaining whether the rules of community law laid down to protect workers – in particular the maximum permitted weekly working time – have been complied with.
Case field: Social policy
Subjects: Social policy – Protection of the safety and health of workers – Directive 93/104/CE – Concept of ‘working time’ – Scope – National legislation providing for a ceiling more favourable to workers, in particular as regards maximum weekly working time – Determination of working time in certain social establishments – On-call duty where the worker is required to be present at the workplace – Periods of inactivity on the part of the worker in the context of such duty – National system of calculation of hours of presence differentiated according to the intensity of the activity
CASE-LAW COMMISSION versus KINGDOM OF SPAIN
2005-10-27
C-158/03
En incluant dans le cahier des charges d’un marché public de services sanitaires de thérapies respiratoires à domicile et autres techniques de ventilation assistée, d’une part, une condition d’admission qui oblige l’entreprise soumissionnaire de disposer, au moment de la présentation de l’offre, d’un bureau ouvert au public dans la province, ou, le cas échéant, la capitale de la province, où le service doit être fourni, et, d’autre part, des critères d’évaluation des offres qui reconnaissent, par l’attribution de points supplémentaires, l’existence, au moment de la présentation de l’offre, d’installations de production, de conditionnement et d’embouteillage situées, le cas échéant, en Espagne ou à moins de 1 000 kilomètres de la province en question, ou de bureaux ouverts au public dans d’autres localités spécifiées de celle-ci, et qui, en cas d’égalité entre plusieurs offres, favorisent l’entreprise ayant fourni précédemment le service en cause, le Royaume d’Espagne a manqué aux obligations qui lui incombent en vertu de l’article 49 CE.
Case field: Freedom of establishment
Subjects: Freedom of establishment – Freedom to provide services – Calls for tender issued by the Instituto Nacional de Salud – Health services consisting of home respiratory treatments – Condition for tendering – Evaluation criteria – Principle of non-discrimination
CASE-LAW HANNER
2005-05-31
C-438/02
The swedish monopoly on retail sales of medicinal preparations is contrary to community law.
Case field: Free movement of goods
Subjects: Articles 28 EC, 31 EC, 43 EC and 86[2] EC – Marketing of medicinal preparations – Establishment of retail traders – National monopoly on the retail of medicinal preparations – Undertaking entrusted with providing a service of general economic interest
CASE-LAW KELLER
2005-04-12
C-145/03
The costs of medical treatment of a person holding forms E 111 and E 112 who, for urgent medical reasons, has to be admitted to hospital in a non-member country must be borne, in accordance with its rules, by the social security institution of the member state of stay on behalf of the institution of the member state of affiliation.
Case field: Social security for migrant workers
CASE-LAW PFEIFFER
Maximum weekly working time, including duty time, cannot exceed 48 hours for rescue workers in an emergency medical rescue service.
Case field: Social policy
CASE-LAW LEICHTLE
2004-03-18
C-008/02
Freedom of provide services
German legislation applying to civil servants and governing the reimbursement of expenditure in respect of a health cure is, in part, contrary to the freedom to provide service.
Case field: Freedom of provide services
CASE-LAW AOK-BUNDESVERBAND & OTHERS
2004-03-16
C-264/01, C-306/01, C-354/01, C-355/01
The competition rules of the ec treaty do not preclude German sickness fund associations from determining ceilings for payments in respect of certain medicinal products.
Case field: Competition
CASE-LAW JAEGER
2003-09-09
C-151/02
On-call duty performed in a place determined by the employer constitutes in its totality working time even where the doctor is permitted to rest at his place of work when his services are not required.
Case field: Social policy
CASE-LAW BURBAUD
2003-09-09
C-285/01
A community national seeking admission to the french public hospital service cannot be required to pass the entrance examination for the french national school of public health if he can show that he has received equivalent training in another member state.
Case field: Freedom of movement for persons
CASE-LAW VAN DER DUIN & ANOZ
2003-07-03
C-156/01
Retired persons having chosen to reside in a member state other than their state of origin must apply to the sickness insurance institution with which they are registered in their state of residence for prior authorisation in order to receive health care in another member state .
Case field: Social security for migrant workers
CASE-LAW V.G. MULLER FAURE
2003-05-13
C-385/99
The principle of freedom to provide services precludes netherlands legislation requiring prior authorisation for non-hospital care provided in another member state by a non-contracted provider
Case field:Freedom to provide services
CASE-LAW IKA
2003-02-25
C-326/00
C-326/00
The court of justice gives a further judgment on medical treatment abroad .
Case field: Social security for migrant workers.
CASE-LAW VANBRAEKEL
2001-07-12
C-368/98
Further developing its case-law concerning prior authorisation to receive medical treatment in another member state, the court of justice rules on the assumption of costs of treatment incurred when undergoing an operation in hospital.
Case field: Social security for migrant workers
CASE-LAW GERAETS-SMITS & PEERBOOMS
2001-07-12
C-157/99
The conditions for obtaining prior authorisation to receive hospital treatment in another member state must not give rise to an arbitrary refusal.
Case field: Freedom to provide services
CASE-LAW SIMAP
2000-10-03
C-303/984
Primary health care doctors must be granted the benefit of community legislation concerning certain aspects of the organisation of working time.
Case field: Social policy
CASE-LAW FERLINI
2000-10-03
C-411/98
The application, on a unilateral basis, by a group of healthcare providers to ec officials of scales of fees for medical and hospital maternity care which are higher than those applicable to residents affiliated to the national social security scheme constitutes discrimination on the ground of nationality prohibited under the first paragraph of article 6 of the ec treaty (now, after amendment, the first paragraph of article 12 ec), in the absence of objective justification in this respect.
Case field: Free movement of persons
CASE-LAW HOCSMAN & ERPELDING
The court of justice develops its case-law on the mutual recognition of medical diplomas by the member states.
Case field: Free movement of persons
CASE-LAW KOHLL & DECKER
1998-04-28
C-120/95 , C-158/96
Community nationals may obtain medical treatment in another member state and be reimbursed in accordance with the tariffs of the state in which they are insured.
Case field: Free movement of persons