92003E0913

WRITTEN QUESTION E-0913/03

by Claude Moraes (PSE) to the Commission

(24 March 2003)

Subject: European Court of Justice ruling

Can the Commission give its reaction to the ruling of the European Court of Justice on 26 February 2003, in the case of a Greek pensioner being treated for a chronic heart complaint, that EU pensioners travelling in Member States other than their own have the right to medical treatment even for existing chronic medical conditions, with their home country paying the full cost?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(9 April 2003)

The Commission is very pleased with the ruling of the Court of Justice on 26 February 2003 in Case C-326/00, which is in line with the views set out by the Commission in the conclusions it submitted regarding this case.

According to the Court of Justice, a Member State cannot make reimbursement of necessary medical expenses incurred by a pensioner during a visit to another Member State conditional either upon authorisation or upon the requirement that the illness in question manifested itself suddenly.

This ruling is very important for pensioners, as this is the first time the Court has stipulated that they may receive healthcare which has become necessary during a visit to a Member State other than the one in which they are resident, without being obliged to prove the urgent nature of the treatment, as required for workers in Article 22 of Regulation 1408/71(1). It also states that the fact that a pensioner has a pre-existing pathology of which he is aware, such as a chronic illness diagnosed prior to the trip, is not sufficient to prevent him from receiving the care required by a change in his state of health during his stay.

(1) Regulation (EEC) No 1408/71 of the Council 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, last updated by Regulation (EEC) No 118/97 OJ L 28, 30.1.1997.