DECISION No 123 of 24 February 1984 concerning the interpretation of Article 22 (1) (a) of Regulation (EEC) No 1408/71 with regard to persons undergoing renal dialysis treatment (84/C 203/32)

THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,

Having regard to Article 81 of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, self-employed persons, and members of their families moving within the Community, under which it is made responsible for dealing with all administrative questions and questions of interpretation arising from Regulation (EEC) No 1408/71 and subsequent Regulations,

Having regard to Article 22 (1) of Regulation (EEC) No 1408/71, subparagraph (a) of which provides for persons whose condition necessitates immediate sickness benefits during a stay in the territory of a Member State,

Whereas on the one hand, regard must be had to preventing the improper use of the provisions of Article 22 (1) (a) by persons who go to stay temporarily in another Member State with the intention of obtaining benefits in kind under that subparagraph without complying with the procedure referred to in subparagraph (c) of that Article which requires such persons to obtain prior authorization therefor from the competent institution;

Whereas on the other hand, too restrictive an interpretation of Article 22 (1) (a) would limit substantially the freedom of movement of persons who suffer from a condition which requires a continual and regular course of medical treatment of such a nature that it will foreseeably necessitate the provision of immediate benefits during a stay in another Member State in order for such a stay to be undertaken;

Whereas it is therefore appropriate to clarify the interpretation of Article 22 (1) (a) so as to specify that it includes within the scope of its provisions persons already undergoing renal dialysis treatment who then go for a stay in another Member State, and whose condition necessitates immediate benefits as part of such a continuing course of treatment notwithstanding any practical obligation to make prior arrangements for the provision of such benefits during that stay, and provided that the stay is undertaken for reasons other than medical;

Acting in accordance with the provisions of Article 80 (3) of Regulation (EEC) No 1408/71,

HAS DECIDED AS FOLLOWS:

1. The provision of renal dialysis treatment in another Member State to an employed or self-employed person, or a member of the family of such a person, shall count as a benefit of immediate necessity within the meaning of Article 22 (1) (a) of Regulation (EEC) No 1408/71 where it is provided as part of a pre-existing regular and continued course of renal dialysis treatment notwithstanding any practical obligation to make prior arrangements to secure the provision of such a benefit during the temporary stay and provided that the stay is undertaken for reasons other than medical.

2. This Decision shall be published in the Official Journal of the European Communities. It shall apply from the first day of the month following its publication.

The Chairman of the Administrative Commission

H. L. TELLIER