Free movement of patients as recipients of services - Cases - Elchinov case
3 important questions on Free movement of patients as recipients of services - Cases - Elchinov case
What is the topic of the Elchinov case?
Scope of art. 22 Regulation 1408/71
What are the facts of the Elchinov case?
Bulgaria refused to reimburse the cost of hospital treatment in Germany
- Mr elchinov couldn't ask PA beforehand due to his urgent medical condition
What were the findings of the CJEU in the elchinov case?
A MS cannot exclude in all cases reimbursement if PA lacks
- restrictions are only justified if they satisfy the requirement of proportionality
- if after assessment all other conditions for reimbursement are met, the fact that the patient was prevented from applying to PA, is not justified
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