# C_2006190EN.01000402.xml

| 12.8.2006 | EN | Official Journal of the European Union | C 190/4 |
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12.8.2006

EN

Official Journal of the European Union

C 190/4

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Judgment of the Court (First Chamber) of 15 June 2006 (reference for a preliminary ruling from the Tribunal Superior de Justicia de Cantabria, Santander (Spain)) — Servicio Cántabro de Salud v Servicio Cántabro de Salud

(Case C-466/04) (1)

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(Social security - Hospital costs incurred in another Member State - Travel, accommodation and subsistence costs - Article 22 of Regulation (EEC) No 1408/71)

(2006/C 190/07)

Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Cantabria, Santander

Parties to the main proceedings

Appellant: Manuel Acereda Herrera

Appellant:

Respondent: Servicio Cántabro de Salud

Respondent:

Re:

Reference for a preliminary ruling — Tribunal Superior de Justicia de Cantabria, Santander — Interpretation of Article 22(1)(c) and (2) and Article 36 of Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996 (OJ 1997 L 28, p.1) — Reimbursement of expenses for travel, stay and subsistence by the institution which granted authorisation for treatment abroad — Articles 10 EC and 249 EC — Compatibility with Community law of national legislation recognising rights additional to those conferred by Article 27 of Regulation No 1408/71, as amended — Freedom to provide services — Discrimination based on nationality — Compatibility of national legislation with Articles 81 EC, 82 EC and 87 EC

Operative part of the judgment

The Court:

| 1. | Article 22(1)(c) and (2) and Article 36 of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, must be interpreted as meaning that authorisation by the competent institution for an insured person to go to another Member State in order there to receive hospital treatment appropriate to his medical condition does not confer on such a person the right to be reimbursed by the competent institution for the costs of travel, accommodation and subsistence which that person and any person accompanying him incurred in the territory of that latter Member State, with the exception of the costs of accommodation and meals in hospital for the insured person himself. |
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1.

Article 22(1)(c) and (2) and Article 36 of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, must be interpreted as meaning that authorisation by the competent institution for an insured person to go to another Member State in order there to receive hospital treatment appropriate to his medical condition does not confer on such a person the right to be reimbursed by the competent institution for the costs of travel, accommodation and subsistence which that person and any person accompanying him incurred in the territory of that latter Member State, with the exception of the costs of accommodation and meals in hospital for the insured person himself.

| 2. | National legislation in which provision is made for entitlement to benefits additional to those provided for in Article 22(1) of Regulation No 1408/71, as amended and updated by Regulation No 118/97, in the situation covered by paragraph (1)(a) of that article, but not in that covered by paragraph (1)(c) thereof, does not obstruct the direct effect of that provision or infringe the principle of cooperation in good faith stemming from Article 10 EC. |
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2.

National legislation in which provision is made for entitlement to benefits additional to those provided for in Article 22(1) of Regulation No 1408/71, as amended and updated by Regulation No 118/97, in the situation covered by paragraph (1)(a) of that article, but not in that covered by paragraph (1)(c) thereof, does not obstruct the direct effect of that provision or infringe the principle of cooperation in good faith stemming from Article 10 EC.

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(1)  OJ C 19, 22.01.2005.

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