JÁN v. HUNGARY
Doc ref: 55021/15 • ECHR ID: 001-161929
Document date: March 16, 2016
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Communicated on 16 March 2016
FOURTH SECTION
Application no. 55021/15 Péter Géza JÁN against Hungary lodged on 20 October 2015
SUBJECT MATTER OF THE CASE
The applicant has been suffering from sclerosis multiplex since 2000. No any state-financed treatment appeared to be effective in his case. In 2010 the applicant underwent CCSVI (chronic cerebrospinal venous insufficiency) treatment in Bulgaria which seems to be the only effective treatment for him. The costs of the CCSVI treatment were not covered by the State and the administrative authority ’ s dismissal in terms of cost reimbursement was upheld by the Supreme Court. The applicant submits that this state of affairs prevents him from being able to finance any future necessary treatment. The applicant complains that the failure of the State to cover the cost of the only treatment appears to be effective in his case violated his right to life guaranteed by Article 2 of the Convention.
QUESTIONS TO THE PARTIES
1. Did the failure of the State to cover the cost of the CCSVI treatment interfere with the applicant ’ s right to respect for his private life under Article 8 of the Convention, especially in view of his submission that the costs incurred, not reimbursed by the State, have made it impossible for him to finance any necessary future treatment?
2. Was the respondent under a positive obligation under Article 8 of the Convention to provide the applicant with reimbursement in respect of the CCSVI treatment he underwent in Bulgaria? If so, was the dismissal of his request in breach of this obligation?
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