WRITTEN QUESTION E-4062/97 by Fernand Herman (PPE) to the Commission (14 January 1998)

Subject: Medical treatment

Regulation 1408/71 ((OJ L 149, 5.7.1971, p. 2. )) on social security stipulates that the authorization to receive more effective treatment in another Member State cannot be denied to Union citizens if that treatment is not offered within a period which takes account of their age and state of health. In 1978 the Court of Justice confirmed that obligation (Case 117/177).

What steps is the Commission taking to compel the competent French authorities to meet their Community obligations by authorizing their nationals to receive, in Belgium, rehabilitative geriatric treatment which enables them to return home within three months, rather than undergoing the simple, but more costly, palliative treatment offered in France?

Answer given by Mr Flynn on behalf of the Commission (17 February 1998)

The Commission would draw the Honourable Member's attention to the fact that, following the Court of Justice Judgment referred to, delivered in Case 117/77 (Pierik), the second paragraph of Article 22(2) of Regulation (EEC) No 1408/71 ((An updated version of this Regulation was adopted by Council Regulation (EC) No 118/97 of 2 December 1996, OJ L 28, 30.1.1997. )) was amended by Council Regulation No 2793/81 of 17 September 1981 ((OJ L 275, 29.9.1981. )) amending Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71.

In accordance with the present text of this Regulation, a person requires a prior authorisation in order to be entitled to reimbursement of medical costs (other than for treatment required immediately) incurred in a Member State other than that in which the person is insured (see Article 22(1) (c)). This authorisation 'may not be refused where the treatment in question is among the benefits provided for by the legislation of the Member States on whose territory the person concerned resides and where he cannot be given such treatment within the time normally necessary for obtaining the treatment in question in the Member State of residence, taking account of his current state of health and the probable cause of the disease' (Article 22(2), final paragraph).

Regarding the problem of authorisations by the French authorities for persons to receive rehabilitative geriatric treatment in Belgium, the Commission will examine any complaint on this matter in the context of the provisions currently in force, that is to say it will verify whether the treatment is included among the benefits provided for by the French legislation and whether it can be given within the time normally necessary for obtaining this treatment in France.

However, regarding the compatibility of this prior authorisation system with Articles 30 and 59 of the EC Treaty, this question is currently before the Court of Justice in Cases Decker (C-120/95) and Kohll (C-160/96).

The Commission will await the Court's judgments in these two Cases before, if necessary, taking appropriate measures.