Free movement of patients as recipients of services - Cases - Geraets-Smits and Peerbooms case

4 important questions on Free movement of patients as recipients of services - Cases - Geraets-Smits and Peerbooms case

What is the topic of the Geraets-Smits and Peerbooms case

Benefit package question

  • Innovative health care
  • are patients entitled to reimbursement of the costs of more innovative healthcare in another MS?

What are the facts of the Geraets-Smits and Peerbooms case?

Dutch nationals obtain specific, experimental treatments in foreign hospitals (Germany & Austria) bc those treatments are not offered to them in NL
  • Dutch sickness fund refused reimbursement
    • bc treatment cannot be considered "normal in the professional circles concerned"
    • and treatment are not medically necessary: bc treatment in NL available

What were the 2 conditions under the national legislation in order to receive medical treatment funded by the insurance?

  1. Treatment must be considered normal
  2. treatment must be necessary
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What were the findings of the CJEU in the Geraets-Smits and Peerbooms case?

  1. The rules on free movement of services is also applicable to benefit-in-kind schemes
  2. Requirement that treatment must be normal and medically necessary = restrictions on free movement
    • it is possible that a PA is justified bv. Financial balance
    • a PA must be necessary and reasonable, not arbitrary and objective

THIS CASE: restriction not justified bv arbitrary that NL determines what is "normal"

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