«(Social security – Freedom to provide services – Costs of hospital stay to be incurred in another Member State – Conditions of reimbursement – Prior authorisation – Article 22 of Regulation (EEC) No 1408/71 – Validity)»

1.. Social security for migrant workers – Sickness insurance – Benefits in kind provided in another Member State – Article 22(1)(c)(i) of Regulation No 1408/71 – Consistency with Articles 49 EC and 50 EC (Arts 49 EC and 50 EC; Council Regulation No 1408/71, Art. 22(1)(c)(i))

2.. Social security for migrant workers – Sickness insurance – Benefits in kind provided in another Member State – Second subparagraph of Article 22(2) of Regulation No 1408/71 – Scope (Council Regulation No 1408/71, Art. 22(2), second subpara.)

3.. Freedom to provide services – Restrictions – National rules on reimbursement of medical costs incurred in another Member State – Treatment provided in a hospital – Requirement of prior authorisation from the insurance fund in the Member State in which the person concerned is insured – Grant subject to a requirement that the treatment must be necessary – Whether permissible (Arts 49 EC and 50 EC)

JUDGMENT OF THE COURT (Fifth Chamber) 23 October 2003 (1)

((Social security – Freedom to provide services – Costs of hospital stay to be incurred in another Member State – Conditions of reimbursement – Prior authorisation – Article 22 of Regulation (EEC) No 1408/71 – Validity))

In Case C-56/01,

REFERENCE to the Court under Article 234 EC by the Tribunal des affaires de sécurité sociale de Nanterre (France) for a preliminary ruling in the proceedings pending before that court between

and

on the validity and interpretation of Article 22 of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996 (OJ 1997 L 28, p. 1), and on the interpretation of Articles 49 EC and 50 EC,

THE COURT (Fifth Chamber), ,

composed of: C.W.A. Timmermans, President of the Fourth Chamber, acting for the President of the Fifth Chamber, A. La Pergola (Rapporteur), P. Jann, S. von Bahr and A. Rosas, Judges,

Advocate General: D. Ruiz-Jarabo Colomer,

after considering the written observations submitted on behalf of:

after considering the additional written observations submitted at the request of the Court on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of Ms Inizan, represented by M. Troncoso Ferrer, the Caisse primaire d'assurance maladie des Hauts-de-Seine, represented by J.-J. Gatineau, the French Government, represented by S. Pailler, acting as Agent, the Spanish Government, represented by R. Silva de Lapuerta, the Swedish Government, represented by A. Kruse, the United Kingdom Government, represented by D. Wyatt, the Council, represented by A. Lo Monaco, and the Commission, represented by H. Michard, at the hearing on 28 November 2002,

after hearing the Opinion of the Advocate General at the sitting on 21 January 2003,

gives the following

Community law

...

shall be entitled:

...2. ...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.

National law

The purpose of the second part of the question

Article 22(1)(c)(i) and (2) of Regulation No 1408/71

Articles 49 EC and 50 EC

On those grounds,

THE COURT (Fifth Chamber),

in answer to the question referred to it by the Tribunal des affaires de sécurité sociale de Nanterre by order of 23 November 2000, hereby rules:

Timmermans

La Pergola

Jann

von Bahr

Rosas

Delivered in open court in Luxembourg on 23 October 2003.

R. Grass

V. Skouris

Registrar

President