The ECJ addressed the case of Yvonne Watt, a British national resident, who needed a hip surgery. Having to wait one year to undergo the surgery, Ms Watt requested a E 112 [1] scheme, which is submitted to prior authorisation from the Primary Care Trust in the UK. Her request was refused on the ground that the delay was within the "UK government National Health Service Plan targets". In other words, it was not considered as an undue delay.
After a deterioration of her health condition, Ms Watt went to France to undergo a hip replacement operation and asked the NHS to refund the costs, which was refused.
The European Court of Justice decided that the national health services must refund hospital treatments provided in another member state if patients waited longer than medically acceptable. It also concluded that the waiting time must not exceed a delay which is clinically acceptable, in light of the patient’s medical conditions, course of illness, nature of disability, as well as the degree of pain. Besides, the definition of the waiting time must be flexible and be revised if the patient’s condition deteriorates.
Furthermore, the Court concluded that the situation when a patient travels to another member state to receive treatment, falls within the scope of the provision on freedom to provide services. Therefore, the system of prior authorisation constitutes an obstacle to the freedom of service provision. However, the Court also considered that this system is both reasonable and necessary ’in the light of overriding reasons’ - which must be defined.
Other European Court of Justice cases on patient’s mobility:
ECJ ruling on rights to treatment
ECJ ruling on rights to EU residency
ECJ rules that treatment outside the EU must be reimbursed
ECJ rules against discrimination on grounds of nationality for assistance to students
