On 3 July 2003 the European Court of Justice ruled in the case of two Dutch pensioners who had retired and lived in other European countries but had returned to Holland for medical treatment and requested reimbursement from the Dutch sickness funds. The ruling of the court stated the following principle:
The Court holds that once a pensioner and the members of his or her family have registered with the competent institution of the Member State of residence, they benefit, by virtue of the Community regulation, from a right to benefits in kind from that sickness insurance institution just like any other pensioner living in the territory of that Member State.
It follows that the institution which has the authority to authorise those socially insured persons to go to another Member State, including the Member State liable for payment of the pension, in order to receive benefits in kind there under the conditions laid down by the Community regulation, is the institution of the place of residence of the persons concerned. That institution is the one best able to verify in a particular case whether the conditions for issuing prior authorisation are fulfilled.
