«(Social security – Pensioners and members of their family residing in a Member State other than the State liable for payment of the pension – Medical costs incurred in the Member State liable for payment of the pension – Conditions for assumption of responsibility – Competent Member State and competent institution – Articles 21, 22, 28 and 31 of Regulation (EEC) No 1408/71)»

1.. Social security for migrant workers – Sickness insurance – Pensioners and members of their family residing in a Member State other than the State liable for payment of the pension – Medical costs incurred in the Member State liable for payment of the pension – Assumption of responsibility by the Member State of residence – Conditions (Council Regulation No 1408/71, Art. 22(1)(c)(i), and Art. 28; Council Regulation No 574/72, Art. 29)

2.. Social security for migrant workers – Sickness insurance – Pensioners and members of their family residing in a Member State other than the State liable for payment of the pension – Institution competent to issue the prior authorisation necessary to go to another Member State in order to receive appropriate treatment there – Institution of the place of residence (Council Regulation No 1408/71, Art. 22(1)(c)(i) and Art. 28)

JUDGMENT OF THE COURT (Fifth Chamber) 3 July 2003 (1)

((Social security – Pensioners and members of their family residing in a Member State other than the State liable for payment of the pension – Medical costs incurred in the Member State liable for payment of the pension – Conditions for assumption of responsibility – Competent Member State and competent institution – Articles 21, 22, 28 and 31 of Regulation (EEC) No 1408/71))

In Case C-156/01,

REFERENCE to the Court under Article 234 EC by the Centrale Raad van Beroep (Netherlands) for a preliminary ruling in the proceedings pending before that court between

and

on the interpretation of Articles 21, 22(1)(c), 28 and 31 of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community, as amended and updated by Council Regulation (EEC) No 2001/83 of 2 June 1983 (OJ 1983 L 230, p. 6),

THE COURT (Fifth Chamber),,

composed of: M. Wathelet, President of the Chamber, C.W.A. Timmermans, A. La Pergola (Rapporteur), P. Jann and S. von Bahr, Judges,

Advocate General: D. Ruiz-Jarabo Colomer,

after considering the written observations submitted on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of Mr van der Duin, represented by F.T.I. Oey, of Onderlinge Waarborgmaatschappij ANOZ Zorgverzekeringen UA, represented by E.G.J. Broekhuizen, acting as Agent, of the Netherlands Government, represented by C. Wissels, acting as Agent, of the Spanish Government, represented by N. Díaz Abad, of the United Kingdom Government, represented by C. Lewis, and of the Commission, represented by H.M.H. Speyart, at the hearing on 26 September 2002,

after hearing the Opinion of the Advocate General at the sitting on 24 October 2002,

gives the following

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The authorisation required under paragraph 1(c) may not be refused where the treatment in question is among the benefits provided for by the legislation of the Member State on whose territory the person concerned resides and where he cannot be given such treatment within the time normally necessary for obtaining the treatment in question in the Member State of residence taking account of his current state of health and the probable course of the disease.

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On those grounds,

THE COURT (Fifth Chamber),

in answer to the questions referred to it by the Centrale Raad van Beroep by order of 21 March 2001, hereby rules:

Wathelet

Timmermans

La Pergola

Jann

von Bahr

Delivered in open court in Luxembourg on 3 July 2003.

R. Grass

M. Wathelet

Registrar

President of the Fifth Chamber