Keywords
Summary

Keywords

1. Freedom to provide services – Restrictions – National rules on the reimbursement of medical costs incurred in another Member State

(Art. 49 EC)

2. Actions for failure to fulfil obligations – Proof of failure – Burden of proof on the Commission – Production of evidence showing failure

(Arts 10 EC and 226 EC)

Summary

1. A Member State that fails to provide, under its social security rules, for the possibility of acceptance of liability for costs relating to laboratory analyses and tests carried out in another Member State by means of reimbursement of the costs paid for those analyses and tests, but provides solely for a system of direct billing to sickness insurance funds, fails to fulfil its obligations under Article 49 EC.

In so far as the application of such rules effectively precludes, in practice, the possibility of acceptance of liability for laboratory analyses and tests carried out by almost all, or even all, medical service providers established in other Member States, it deters or even prevents persons insured by the social security scheme of the said Member State from using such providers and constitutes, both for such persons and for providers, an obstacle to the freedom to provide services.

(see paras 41, 48, operative part 1)

2. In proceedings under Article 226 EC for failure to fulfil obligations, it is for the Commission to prove the alleged failure by placing before the Court of Justice all the information needed to enable the Court to establish that the obligation has not been fulfilled.

The mere fact that the Commission does not have the powers to investigate failures by a Member State to fulfil its obligations and that it depends, for the purpose of investigating cases, on the replies and cooperation of the Member States cannot allow it to circumvent the obligation referred to above, if it does not complain that the Member State has failed to fulfil its obligations under Article 10 EC.

(see paras 49, 57-58, 60)