Judgment of the Court (Second Chamber) of 19 April 2007 (reference for a preliminary ruling from the Diikitiko Protodikio Athinon - Greece) - Aikaterini Stamatelaki v NPDD Organismos Asfaliseos Eleftheron Epangelmation (OAEE)

(Case C-444/05) ¹

(Restrictions on the freedom to provide services - Reimbursement of the cost of treatment in private hospitals - Justification for, and proportionality of, the exclusion)

Language of the case: Greek

Referring court

Diikitiko Protodikio Athinon

Parties to the main proceedings

Applicant: Aikaterini Stamatelaki

Defendant: NPDD Organismos Asfaliseos Eleftheron Epangelmation (OAEE)

Re:

Reference for a preliminary ruling - Diikitiko Protodikio Athinon - Interpretation of Articles 49 and 50 EC - Conditions governing the reimbursement of medical expenses incurred in another Member State - National legislation allowing medical expenses incurred in a private hospital in another Member State to be reimbursed only in the case of treatment of minors under the age of 14 whereas, when treatment takes place in a public hospital, the only condition imposed by the national legislation for reimbursement is that prior authorisation be obtained.

Operative part of the judgment

Article 49 EC precludes legislation of a Member State, such as that at issue in the main proceedings, which excludes all reimbursement by a national social security institution of the costs occasioned by treatment of persons insured with it in private hospitals in another Member State, except those relating to treatment provided to children under 14 years of age.

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¹ - OJ C 60, 11.03.2006.