Free movement of patients as recipients of services - Cases - Vanbraekel case
3 important questions on Free movement of patients as recipients of services - Cases - Vanbraekel case
What is the topic of the Vanbraekel case?
Forum shopping between different legal bases
What are the facts of the Vanbraekel case?
A Belgian national travels to France to undergo orthopedic surgery which could be provided in better medical conditions in France
- the patient asked for reimbursement
- national court: patient condition required condition necessitated treatment abroad
- medical practitioner said is was necessary (valid criteria)
What were the findings of the CJEU?
It depends on the rules that apply
If the free movement rules apply this would be a restriction because the is treated differently than when he had the treatment in BE.
- Regulation: tariffs of France => state of treatment
- Free movement: tariffs of BE => competent state
If the free movement rules apply this would be a restriction because the is treated differently than when he had the treatment in BE.
- can be considered as a restriction
- sickness insurance fund must grant additional reimbursement to cover the difference on the basis of the free movement rules
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