Free movement of patients as recipients of services - Cases - Kohl Case
6 important questions on Free movement of patients as recipients of services - Cases - Kohl Case
With what commences the CJEU healthcare ruling?
What topic is the Kohll case about?
Which 2 statements did CJEU made before the Kohll case?
- A healthcare service must be regarded as a service within the meaning of the treaty making the rules on free movement of services applicable to healthcare
- The freedom to provide services includes the freedom for the recipients of services to go to another MS in order to receive those services there
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In which 3 categories of cross-border patients does this case fall?
What are the main arguments from the Luxembourg health service to refuse authorization?
- the reimbursement has an impact on the Luxembourg system bc it has to pay more than when the treatment was received in the own state
What did the CJEU decide in the Kohll case?
- Health care services fall within the ambit of the free movement rules
- PA equipement is considered as a restriction
- The restriction is not justified in this case
- It doesn't have significant impact on the financial system
- if they had the treatment at home, they would also have to reimburse
- the risk of undermining the financial balance can be an overriding reason in the general interest capable of justifying a barrier, not in this case
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