Geraets-Smits v Stichting Ziekenfonds
| Geraets-Smits v Stichting Ziekenfonds | |
|---|---|
| Court | European Court of Justice |
| Citations | (2001) C-157/99, [2001] ECR I-5473 |
| Keywords | |
| Free movement of services | |
Geraets-Smits v Stichting Ziekenfonds and Peerbooms v Stichting CZ Groep Zorgverzekeringen (2001) C-157/99 is an EU law case, concerning the free movement of services in the European Union.
Facts
Mrs Geraets-Smits was insured by a sickness insurance fund in Netherlands. She suffered from Parkinson's disease and received treatment in Germany. Her claim was denied on the grounds that the treatment available in Netherlands was adequate, and that the treatment in Germany did not give any additional advantage.[1] Mr. Peerenbooms suffered a coma following a car accident and was treated at a specialized clinic in Austria. The treatment he received would have been available in Netherlands on an experimental basis, but he would not have qualified for the services. He was also refused reimbursement.[1]
Netherlands social security legislation required prior approval for medical treatment from providers who did not have an agreement with the sickness insurance fund.[1]
Judgment
The Court of Justice held that while member states were free to organize their systems how they choose, they could not restrict medical services provided in other countries which were "tried and tested by international medical science". Authorization could, hjowever, be refused if the same or equivalent service could be obtained without "undue delay" from a provider who had a contract with the sickness insurance fund..[1][2]
See also
References
- ^ a b c d Busse, Reinhard; Wismar, Matthias; Berman, Philip C. (2002). "Scenarios on the development of consumer choice for healthcare services". The European Union and Health Services: The Impact of the Single European Market on Member States. IOS Press. ISBN 978-1-58603-209-8.
- ^ Potasch, Peter (2012). "The EU and the Phenomenon of Cross-Border Healthcare - Looking for the Way" (PDF). Journal of Interdisciplinary Research. Wolters Kluwer – via Wolters Kluwera.