Opinion of the Advocate General — ECLI:EU:C:2003:406
Date: 2003-07-10
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Freedom to provide services
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment Freedom to provide services – Restrictions – National legislation relating to the reimbursement of expenditure in connection with a health cure taken in another Member State – Requirement to obtain prior recognition of eligibility – Granted only if the treatment is absolutely necessary owing to the greatly increased prospects of success in the other Member State – Not permissible – Grant precluded if the cure is commenced before the conclusion of the court proceedings brought against the decision of refusal – Not permissible – Grant conditional upon the health spa concerned being listed in the Register of Health Spas – Whether permissible – Conditions (Arts 49 EC and 50 EC) Articles 49 EC and 50 EC are to be interpreted as meaning that they preclude rules of a Member State under which reimbursement of expenditure incurred on board, lodging, travel, visitors’ tax and the making of a final medical report in connection with a health cure taken in another Member State is conditional on obtaining prior recognition of eligibility, which is given only where it is established, in a report drawn up by a medical officer or a medical consultant, that the proposed cure is absolutely necessary owing to the greatly increased prospects of success in that other Member State. Those provisions preclude also the application of national rules under which the reimbursement of such expenditure is precluded where the person concerned has not awaited the conclusion of the court proceedings brought against the decision refusing to recognise that expenditure as eligible for assistance before commencing the cure in question. Articles 49 EC and 50 EC are, on the other hand, to be interpreted as meaning that they do not in principle preclude rules of a Member State under which reimbursement of such expenditure, whether the health cure is taken in that Member State or in another Member State, is made only where the health spa concerned is listed in the Register of Health Spas. However, it is for the national court to ensure that any conditions to which the registration of a health spa in such a register may be subject are objective and do not have the effect of making the provision of services between Member States more difficult than the provision of services purely within the Member State concerned. (see paras 51, 59, operative part 1-3)