Free movement of patients as recipients of services - Cases - Elena Petru case

3 important questions on Free movement of patients as recipients of services - Cases - Elena Petru case

What is the topic(q) of the Elena Petru case

Are patients entitled to reimbursement of the costs of more qualitative treatment?

What are the facts of the Elena petru case?

A romanian national with heart problem needs an open heart surgery
  • Romania health service refused her application to have the surgery performed in Germany
  • she went
  • she is asking reimbursement

What are the findings of the court? On which basis?

Art. 20(2) Regulation 883/2004
  • authorization cannot be refused when it is bc of a lack of supplies that the treatment cannot be provided in good time
    • if the treatment is in the basket
    • if the competent state cannot provide equal treatment in a good time (directive art. 8)
They should look at all the hospitals in Romania
  • can there be an equal treatment provided?

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