Judgment of the Court (Sixth Chamber) of 14 October 2004 in Case C-193/03 (reference for a preliminary ruling from the Sozialgericht Stuttgart): Betriebskrankenkasse der Robert Bosch GmbH v Bundesrepublik Deutschland (Social security — Reimbursement of medical expenses incurred in another Member State — Article 34 of Regulation (EEC) No 574/72 — Health insurance fund applying a simplified full reimbursement procedure for bills for small amounts)
Date: 2004-12-04
Institutions: Court of Justice
Subjects: Germany, application of EU law, health expenditure, interpretation of the law, social-security benefit, social-security harmonisation, worker (EU)

C 300/20

EN

Official Journal of the European Union

4.12.2004

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Sixth Chamber)

of 14 October 2004

(Second Chamber)

of 7 October 2004

in Case C-193/03 (reference for a preliminary ruling from
the Sozialgericht Stuttgart): Betriebskrankenkasse der
Robert Bosch GmbH v Bundesrepublik Deutschland (1)

in Case C-239/03: Commission of the European Commu-
nities v French Republic (1)

security — Reimbursement of medical expenses
(Social
incurred in another Member State — Article 34 of Regu-
lation (EEC) No 574/72 — Health insurance fund applying a
simplified full reimbursement procedure for bills for small
amounts)

(2004/C 300/40)

(Language of the case: German)

(Provisional translation; the definitive translation will be published in
the European Court Reports)

In Case C-193/03: Betriebskrankenkasse der Robert Bosch
GmbH v Bundesrepublik Deutschland — reference to the Court
under Article 234 EC from the Sozialgericht Stuttgart
(Germany), made by decision of 19 March 2003, received at
the Court on 9 May 2003 — the Court (Sixth Chamber),
composed of: A. Borg Barthet (Rapporteur), President of the
Chamber, J.-P. Puissochet and S. von Bahr, Judges; Advocate
General: M. Poiares Maduro, Registrar: R. Grass, has given a
judgment on 14 October 2004, in which it has ruled:

social

security schemes

Article 34 of Regulation (EEC) No 574/72 of the Council of 21
March 1972 fixing the procedure for implementing Regulation (EEC)
to
No 1408/71 on the application of
employed persons and their families moving within the Community,
as amended and updated by Council Regulation (EEC) No 2001/83
of 2 June 1983, as amended by Council Regulation (EC) No
1399/1999 of 29 April 1999, is to be interpreted as not precluding
in the application of
a practice whereby a health insurance fund,
national rules, reimburses medical costs incurred by its members
during a stay in another Member State in full when those costs do
not exceed DEM 200.

(Failure of a Member State to fulfil obligations — Conven-
tion for the protection of the Mediterranean Sea against
pollution — Articles 4(1) and (8) — Protocol for the protec-
tion of the Mediterranean Sea against pollution from land-
based sources — Article 6(1) and (3) — Failure to adopt
appropriate measures to prevent, abate and combat heavy
and prolonged pollution of the Étang de Berre — Discharge
authorisation)

(2004/C 300/41)

(Language of the case: French)

(Provisional translation; the definitive translation will be published in
the European Court Reports)

In Case C-239/03: action under Article 226 EC for failure to
fulfil obligations, brought on 4 June 2003, between Commis-
sion of the European Communities (Agents: G. Valero Jordana
and B. Stromsky) and French Republic (Agents: G. de Bergues
and E. Puisais) — the Court (Second Chamber), composed of:
C.W.A. Timmermans, President of the Chamber, R. Schintgen
(Rapporteur), R. Silva de Lapuerta, P. Kūris and G. Arestis,
Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass,
Registrar, has given a judgment on 7 October 2004, in which
it:

1. Declares that:

(1) OJ C 200 of 23.8.2003.

— by failing to take all appropriate measures to prevent, abate
and combat heavy and prolonged pollution of the Étang de
Berre, and