Free movement of patients as recipients of services - Cases - Muller-Fauré and Van Riet case
5 important questions on Free movement of patients as recipients of services - Cases - Muller-Fauré and Van Riet case
What is the topic of the Muller-Fauré and Van Riet case?
What were the finding of the CJEU in the Muller-Fauré and Van Riet case?
With regard to the question of objective justification of PA, which distinction did the CJEU draw?
- out of hospital services
- no evidence that the PA was necessary
- no reason to have a PA
Intramural care
- hospital services
- accepted that PA was necessary and reasonable
- public interest justification
- details of the PA should be objective and non-discriminatory
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What did the CJEU say about the criterion of "without undue delay"?
- the treatment is included in the benefit package
- the treatment cannot be provided within a justifiable time limit
CJEU decided in this case that this criterion is a legitimate ground to refuse PA
- assessment of the patient's medical condition
- simple existing of a waiting list cannot justify refusal of PA
What are the facts of the Muller-Fauré and Van Riet case?
- Ms Muller-Faure: dental treatment while on holiday in germany
- Ms Van Riet: arthroscopy in a belgian hospital
Dutch insurance fund refused reimbursement
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