Reference for a preliminary ruling from High Court of Ireland (Ireland) made on 13 May 2013 — Peter Flood v Health Service Executive

(Case C-255/13)

2013/C 189/27

Language of the case: English

Referring court

High Court of Ireland

Parties to the main proceedings

Applicant: Peter Flood

Defendant: Health Service Executive

Question referred

Is an insured citizen of a Member State (‘the First Member State’) who has been gravely ill for eleven years as a result of a serious medical condition which first manifested itself while that person was resident in the First Member State but was on holidays in another Member State (‘the Second Member State’) to be regarded as ‘staying’ in that Second Member State for that period for the purpose of either Article 19(1) or, alternatively, Article 20(1) and Article 20(2) of Regulation No 883/2004 (1) where the person in question has been effectively compelled by reason of his acute medical illness and the convenient proximity to specialist medical care physically to remain in that Member State for that period?

(1)  Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems

OJ L 166, p. 1