Case C-444/05: Judgment of the Court (Second Chamber) of 19 April 2007 (reference for a preliminary ruling from the Diikitiko Protodikio Athinon — Greece) — Aikaterini Stamatelaki v NPDD Organismos Asfaliseos Eleftheron Epangelmation (OAEE) (Restrictions on the freedom to provide services — Reimbursement of the cost of treatment in private hospitals — Justification for, and proportionality of, the exclusion)
Date: 2007-04-28
Institutions: Court of Justice
Subjects: Greece, freedom to provide services, hospital expenses, interpretation of the law, right to health, social security legislation

C 96/14

EN

Official Journal of the European Union

28.4.2007

Operative part of the judgment

The Court:

takes place in a public hospital,

the only condition
ment
imposed by the national legislation for reimbursement is that
prior authorisation be obtained.

1. Declares that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Articles 4, 8
and 9 of Council Directive 75/442/EEC of 15 July 1975 on
waste, as amended by Council Directive 91/156/EEC of 18 March
1991, and Article 14(a),
(b) and (c) of Council Directive
99/31/EC of 26 April 1999 on the landfill of waste, the French
Republic has failed to fulfil its obligations under those provisions;

2. Orders the French Republic to pay the costs.

Operative part of the judgment

Article 49 EC precludes legislation of a Member State, such as that at
issue in the main proceedings, which excludes all reimbursement by a
national social security institution of the costs occasioned by treatment
of persons insured with it in private hospitals in another Member
State, except those relating to treatment provided to children under
14 years of age.

(1) OJ C 48, 25.2.2006.

(1) OJ C 60, 11.3.2006.

Judgment of the Court (Second Chamber) of 19 April 2007
(reference for a preliminary ruling from the Diikitiko
Protodikio Athinon — Greece) — Aikaterini Stamatelaki v
NPDD Organismos Asfaliseos Eleftheron Epangelmation
(OAEE)

Judgment of the Court (Third Chamber) of 19 April 2007
(reference for a preliminary ruling from the Finanzgericht
Hamburg (Germany)) — Velvet & Steel Immobilien und
Handels GmbH v Finanzamt Hamburg-Eimsbüttel

(Case C-444/05) (1)

(Case C-455/05) (1)

(Restrictions on the freedom to provide services — Reimburse-
ment of the cost of treatment in private hospitals — Justifica-
tion for, and proportionality of, the exclusion)

(Sixth VAT Directive — Exemptions — Article 13B(d)(2) —
Concept of ‘assumption of obligations’ — Assumption of the
obligation to renovate a property — Refusal of exemption)

(2007/C 96/22)

Language of the case: Greek

(2007/C 96/23)

Language of the case: German

Referring court

Diikitiko Protodikio Athinon

Parties to the main proceedings

Applicant: Aikaterini Stamatelaki

Referring court

Finanzgericht Hamburg

Parties to the main proceedings

Applicant: Velvet & Steel Immobilien und Handels GmbH

Defendant: NPDD Organismos Asfaliseos Eleftheron Epangelma-
tion (OAEE)

Defendant: Finanzamt Hamburg-Eimsbüttel

Re:

Re:

Reference for a preliminary ruling — Diikitiko Protodikio
Athinon — Interpretation of Articles 49 and 50 EC — Condi-
tions governing the
expenses
reimbursement of medical
legislation
incurred in another Member State — National
allowing medical expenses incurred in a private hospital
in
another Member State to be reimbursed only in the case of
treatment of minors under the age of 14 whereas, when treat-

Reference for a preliminary ruling — Finanzgericht Hamburg —
Interpretation of Article 13B(d)(2) of Sixth Council Directive
77/388/EEC of 17 May 1977 on the harmonisation of the laws
of the Member States relating to turnover taxes — Common
system of value added tax: uniform basis of assessment (OJ
1977 L 145, p. 1), as amended — Concept of ‘assumption of
obligations’ — Refusal to exempt the assumption of a renova-
tion obligation