WRITTEN QUESTION E-0913/03 by Claude Moraes (PSE) to the Commission. European Court of Justice ruling.
Date: 2003-03-24
Institutions: European Parliament, Provisional data
Subjects: EU national, geographical mobility, health care, judgment of the Court (EU), retired person, social security

18.9.2003

EN

Official Journal of the European Union

C 222 E/243

(2003/C 222 E/272)

WRITTEN QUESTION E-0913/03

by Claude Moraes (PSE) to the Commission

(24 March 2003)

Subject: European Court of Justice ruling

Can the Commission give its reaction to the ruling of the European Court of Justice on 26 February 2003,
in the case of a Greek pensioner being treated for a chronic heart complaint, that EU pensioners travelling
in Member States other than their own have the right to medical treatment even for existing chronic
medical conditions, with their home country paying the full cost?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(9 April 2003)

The Commission is very pleased with the ruling of the Court of Justice on 26 February 2003 in Case
C-326/00, which is in line with the views set out by the Commission in the conclusions it submitted
regarding this case.

According to the Court of Justice, a Member State cannot make reimbursement of necessary medical
expenses incurred by a pensioner during a visit
to another Member State conditional either upon
authorisation or upon the requirement that the illness in question manifested itself suddenly.

This ruling is very important for pensioners, as this is the first time the Court has stipulated that they may
receive healthcare which has become necessary during a visit to a Member State other than the one in
which they are resident, without being obliged to prove the urgent nature of the treatment, as required for
workers in Article 22 of Regulation 1408/71 (1). It also states that the fact that a pensioner has a pre-
existing pathology of which he is aware, such as a chronic illness diagnosed prior to the trip, is not
sufficient to prevent him from receiving the care required by a change in his state of health during his
stay.

(1) 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, last
updated by Regulation (EEC) No 118/97 (cid:1) OJ L 28, 30.1.1997.

(2003/C 222 E/273)

WRITTEN QUESTION E-0930/03

by Jorge Moreira Da Silva (PPE-DE) to the Commission

(24 March 2003)

Subject: Artificial tanning

The use of solariums for artificial tanning has become increasingly common. Given the associated risks for
human health, specifically the risk of skin cancer, the fact that more and more very young people are
using solariums gives particular cause for concern.

This development has led some countries, including Brazil, to prohibit access to these artificial tanning
establishments for people under 16 and to impose conditions on access for people between the ages of 16
and 18. The countries concerned have established heavy financial penalties for any commercial
establishment failing to comply with these obligations.

What measures will the Commission take to ensure that the precautionary principle is applied to the use
of solariums by people under 18?