The case
Dimitrios Stamatelakis, a Greek nationale, sought medical care in a private hospital in the UK. He was denied reimbursement from his home social security institution on the ground that Greek law does not reimburse treatments in private hospitals abrod if the patient is over 14 years of age. Mr Stamatelakis’ relatives argue that the Greek law is not consistent with the principle of freedom of services within the EU. (article 49 of the EU Treaty)
The ECJ ruling
The ECJ ruled that Greek legislation fails to comply with EC Treaty because it deters and prevents patients from seeking treatment from providers of hospital services established in another Member State.
The Court rules that a national law must not distinguish between care provided in a public or private setting. The service provided to the patient is to be considered, regardless of the provider.
The ECJ argues that the Greek legislation is not proportionate and does not fulfill public health objectives. It reiterates, though that some prior authorisation schemes can be adopted.
Related EPHA articles:
EC ruling on the right to be reimbursed for treatments recieved abroad
EC ruling on the rights to treatment
Free movement of patients: is it in the interests of patients and citizens?
