Spanje voor Europees Hof gedaagd over kostenvergoeding verblijf ziekenhuis van buitenlanders (en)

The Commission has decided to refer Spain to the Court of Justice over the Spanish authorities' refusal to grant additional reimbursement of the costs incurred for hospital care required during a temporary stay in another Member State arguing that this refusal deprived European citizens of a right granted to them by the Court under Article 49 of the Treaty as interpreted in the Vanbraeckel case (Case C-368/98).

In its judgment, the Court ruled on the reimbursement of the cost of hospital care where a patient is authorised to undergo hospital treatment in another Member State (scheduled treatment). The Court took the view that, in accordance with the principle of freedom to provide services as guaranteed by Article 49 of the Treaty, reimbursement should be at least the same as that which would have been granted to the patient if he had received hospital treatment in the Member State in which he is insured. The Court pointed out that this could result in the payment of additional reimbursement if the rate of reimbursement in the Member State in which the patient is insured is more beneficial than that in the Member State in which the hospital treatment was provided.

The Commission takes the view that the judgment in the Vanbraeckel case must also apply where a tourist, student or any other person temporarily residing in the territory of another Member State requires hospital treatment. It considers that European citizens must enjoy the same rights whether they are authorised to undergo hospital treatment in another Member State or are hospitalised during a temporary stay in another Member State.

The latest information on infringement proceedings concerning all Member States is available at:

http://ec.europa.eu/community_law/index_en.htm