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Document 62009CN0255
Case C-255/09: Action brought on 9 July 2009 — Commission of the European Communities v Portuguese Republic
Case C-255/09: Action brought on 9 July 2009 — Commission of the European Communities v Portuguese Republic
Case C-255/09: Action brought on 9 July 2009 — Commission of the European Communities v Portuguese Republic
OJ C 205, 29.8.2009, p. 29–30
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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29.8.2009 |
EN |
Official Journal of the European Union |
C 205/29 |
Action brought on 9 July 2009 — Commission of the European Communities v Portuguese Republic
(Case C-255/09)
2009/C 205/51
Language of the case: Portuguese
Parties
Applicant: Commission of the European Communities (represented by: E. Traversa and M. França, Agents)
Defendant: Portuguese Republic
Form of order sought
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Declare that the Portuguese Republic has failed to fulfil its obligations under Article 49 EC, by not providing for the reimbursement of non-hospital medical expenses incurred in another Member State, other than in the circumstances laid down in Regulation (EEC) No 1408/71, (1) either in Decree-Law No 177/92 of 13 August, which lays down the conditions for reimbursement of medical expenses incurred abroad, or in any other provision of national law; or to the extent that that Decree-Law allows for the reimbursement of non-hospital medical expenses incurred in another Member State, by making such reimbursement subject to prior authorisation. |
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Order the Portuguese Republic to pay the costs. |
Pleas in law and main arguments
The Commission considers that the Portuguese Republic has failed to fulfil its obligations under Article 49 EC, as interpreted by the case-law of the Court of Justice.
The effect of that case-law is that Article 49 EC applies to the situation of a patient who receives, in a Member State other than his Member State of residence, medical services which are provided for consideration.
In Portugal, Decree-Law No 177/92, which lays down the conditions for reimbursement of medical expenses incurred abroad, does not specifically provide for the reimbursement of non-hospital medical expenses incurred in another Member State, other than in the circumstances laid down in Regulation No 1408/71, or, in accordance with the interpretation put forward by the Portuguese authorities, it makes the reimbursement of those non-hospital medical expenses subject to prior authorisation, on restrictive conditions.
(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 (OJ, English Special Edition 1971(II), p. 416).