# C_2011370EN.01000901.xml

| 17.12.2011 | EN | Official Journal of the European Union | C 370/9 |
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17.12.2011

EN

Official Journal of the European Union

C 370/9

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Judgment of the Court (Third Chamber) of 27 October 2011 — European Commission v Portuguese Republic

(Case C-255/09) (1)

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(Failure of a Member State to fulfil obligations - Article 49 EC - Social security - Restriction of the freedom to provide services - Non-hospital medical expenses incurred in another Member State - No reimbursement or reimbursement subject to prior authorisation)

2011/C 370/12

Language of the case: Portuguese

Parties

Parties

Applicant: European Commission (represented by: E. Traversa and M. França, acting as Agents)

Applicant:

Defendant: Portuguese Republic (represented by: L. Inez Fernandes, M.L. Duarte, A. Veiga Correia and by P. Oliveira, acting as Agents)

Defendant:

Interveners in support of the defendant: Republic of Finland (represented by A. Guimaraes-Purokoski, acting as Agent), Kingdom of Spain (represented by J.M. Rodríguez Cárcamo, acting as Agent)

Interveners in support of the defendant:

Re:

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 49 EC — Reimbursement of non-hospital medical expenses incurred abroad — Prior authorisation — Restrictive conditions

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that the Portuguese Republic has failed to fulfil its obligations under Article 49 EC by making no provision for reimbursement in respect of non-hospital medical care provided in another Member State which does not involve the use of major and costly equipment exhaustively listed in the national legislation, other than in the circumstances specified in Regulation (EEC) No 1408/71 of the Council 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, as amended by Regulation (EC) No 1992/2006 of the European Parliament and of the Council of 18 December 2006, or, to the extent that Decree-Law No 177/92 of 13 August 1992 laying down the conditions for reimbursement of medical expenses incurred abroad allows the reimbursement of such expenses, by making reimbursement subject to prior authorisation; |
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1.

Declares that the Portuguese Republic has failed to fulfil its obligations under Article 49 EC by making no provision for reimbursement in respect of non-hospital medical care provided in another Member State which does not involve the use of major and costly equipment exhaustively listed in the national legislation, other than in the circumstances specified in Regulation (EEC) No 1408/71 of the Council 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, as amended by Regulation (EC) No 1992/2006 of the European Parliament and of the Council of 18 December 2006, or, to the extent that Decree-Law No 177/92 of 13 August 1992 laying down the conditions for reimbursement of medical expenses incurred abroad allows the reimbursement of such expenses, by making reimbursement subject to prior authorisation;

| 2. | Orders the Portuguese Republic and the European Commission to bear their own costs; |
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2.

Orders the Portuguese Republic and the European Commission to bear their own costs;

| 3. | Orders the Kingdom of Spain and the Republic of Finland to bear their own costs. |
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3.

Orders the Kingdom of Spain and the Republic of Finland to bear their own costs.

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(1)  OJ C 205, 29.8.2009.

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