Request for a preliminary ruling from the Tribunalul Sibiu (Romania) lodged on 16 May 2013 – Elena Petru v Casa Judeţeană de Asigurări de Sănătate Sibiu and Casa Națională de Asigurări de Sănătate
(Case C-268/13)
Language of the case: Romanian
Referring court
Tribunalul Sibiu
Parties to the main proceedings
Applicant: Elena Petru
Defendants: Casa Judeţeană de Asigurări de Sănătate Sibiu, Casa Națională de Asigurări de Sănătate
Question referred
In the light of the second subparagraph of Article 22(2) of Regulation (EEC) No 1408/71, 1 is the requirement that the person concerned be unable to obtain treatment in the country of residence to be construed as categorical or as reasonable; that is to say, where, although the required surgery could, in technical terms, be carried out in good time in the country of residence – in that the necessary specialists are present there and have the same level of specialist skills as those abroad – does the lack of medicines and basic medical consumables mean that such a situation can, for the purposes of that provision, be equated with a situation in which the necessary medical treatment cannot be provided?
____________1 Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (OJ 1971 L 149, p. 2, English special edition: Series I Volume 1971(II) P. 416 – 463).