INTERNATIONAL TAX PLAZA - European Court of Justice rules in case C-268/13, Petru (Social security — Article 22(2), second subparagraph, of Regulation (EEC) No 1408/71)

(October 10, 2014)

On October 9, 2014 the European Court of Justice (ECJ) ruled in case C-268/13 Elena Petru versus Casa Județeană de Asigurări de Sănătate Sibiu and Casa Națională de Asigurări de Sănătate (ECLI:EU:C:2014:2271).

The following question was referred to the ECJ for a preliminary ruling:

In the light of the second subparagraph of Article 22(2) of Regulation … No 1408/71, is the requirement that the person concerned be unable to obtain treatment in the country of residence to be construed as categorical or as reasonable; that is to say, where, although the required surgery could, in technical terms, be carried out in due time in the country of residence — in that the necessary specialists are present there and have the same level of specialist skills as those abroad — the lack of medicines and basic medical supplies and infrastructure means that such a situation can, for the purposes of that provision, be equated with a situation in which the necessary medical treatment cannot be provided?

The ECJ ruled as follows:

The second subparagraph of Article 22(2) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Regulation (EC) No 592/2008 of the European Parliament and of the Council of 17 June 2008, must be interpreted as meaning that the authorisation necessary under Article 22(1)(c)(i) of that regulation cannot be refused where it is because of a lack of medication and basic medical supplies and infrastructure that the hospital care concerned cannot be provided in good time in the insured person’s Member State of residence. The question whether that is impossible must be determined by reference to all the hospital establishments in that Member State that are capable of providing the treatment in question and by reference to the period within which the treatment could be obtained in good time.

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