Free movement of patients as recipients of services - Cases - Inizan ase

3 important questions on Free movement of patients as recipients of services - Cases - Inizan ase

What is the topic(question) in the Inizan case?

Can the regulation be a restriction to the free movement rules?
  • PA can be considered a restriction
  • the restriction is a result of a compromise

What are the facts of the Inizan case?

A French resident sough a package of multi-disciplinary pain treatment in a German hospital
  • French sickness fund refused reimbursement
  • PA was only given if equally effective treatment could not be carried out in France without undue delay
  • the equivalent treatment was available in France

What were the findings of the court in the Inizan case?

That PA is justified when
  • based on objective non-discriminatory criteria
  • based on easily acceptable procedural system
  • subject to judicial review

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