Case C‑268/13

Elena Petru

v

Casa Judeţeană de Asigurări de Sănătate Sibiu

and

Casa Naţională de Asigurări de Sănătate

(Request for a preliminary ruling from the Tribunalul Sibiu)

‛(Reference for a preliminary ruling — Social security — Article 22(2), second subparagraph, of Regulation (EEC) No 1408/71 — Health insurance — Hospital treatment provided in another Member State — Prior authorisation refused — Lack of medication and basic medical supplies and infrastructure)’

Summary — Judgment of the Court (Third Chamber), 9 October 2014

Questions referred for a preliminary ruling — Admissibility — Conditions — Questions relating to the actual nature or subject-matter of the proceedings — Request providing the Court with sufficient details of the factual and legal context (Art. 267 TFEU) Social security for migrant workers — Health insurance — Services in kind supplied in another Member State — Requirement for prior authorisation by the competent institution — Conditions — Impossible to provide treatment in good time in the Member State of residence due to a lack of medication and basic medical supplies and infrastructure — Whether it is impossible must be determined by reference to all the hospital establishments in that Member State that are capable of providing the treatment in question and by reference to the period within which the treatment could be obtained in good time (Council Regulation No 1408/71, Art. 22(2) and second para.)

See the text of the decision. (see paras 23, 25-27) The second subparagraph of Article 22(2) of Regulation No 1408/71, as amended by Regulation No 592/2008, must be interpreted as meaning that the authorisation necessary under Article 22(1)(c)(i) of that regulation cannot be refused where it is because of a lack of medication and basic medical supplies and infrastructure that the hospital care concerned cannot be provided in good time in the insured person’s Member State of residence. The question whether that is impossible must be determined by reference to all the hospital establishments in that Member State that are capable of providing the treatment in question and by reference to the period within which the treatment could be obtained in good time. (see para. 36, operative part)

Case C‑268/13

Elena Petru

v

Casa Judeţeană de Asigurări de Sănătate Sibiu

and

Casa Naţională de Asigurări de Sănătate

(Request for a preliminary ruling from the Tribunalul Sibiu)

‛(Reference for a preliminary ruling — Social security — Article 22(2), second subparagraph, of Regulation (EEC) No 1408/71 — Health insurance — Hospital treatment provided in another Member State — Prior authorisation refused — Lack of medication and basic medical supplies and infrastructure)’

Summary — Judgment of the Court (Third Chamber), 9 October 2014

Questions referred for a preliminary ruling — Admissibility — Conditions — Questions relating to the actual nature or subject-matter of the proceedings — Request providing the Court with sufficient details of the factual and legal context (Art. 267 TFEU) Social security for migrant workers — Health insurance — Services in kind supplied in another Member State — Requirement for prior authorisation by the competent institution — Conditions — Impossible to provide treatment in good time in the Member State of residence due to a lack of medication and basic medical supplies and infrastructure — Whether it is impossible must be determined by reference to all the hospital establishments in that Member State that are capable of providing the treatment in question and by reference to the period within which the treatment could be obtained in good time (Council Regulation No 1408/71, Art. 22(2) and second para.)