Case C-211/08: Action brought on 20 May 2008 — Commission of the European Communities v Kingdom of Spain
Date: 2008-05-20
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, family benefit, health care, social-security benefit, worker (EU)

C 197/12

EN

Official Journal of the European Union

2.8.2008

2. Where a single place of performance is to be determined:
What criteria are relevant for its determination; is the single
place of performance determined, in particular, by the place
of departure or the place of arrival?

(1) OJ 2001 L 12, p. 1.

Action brought on 20 May 2008 — Commission of the
European Communities v Kingdom of Spain

(Case C-211/08)

(2008/C 197/19)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (repre-
sented by: E. Traversa and R. Vidal Puig, acting as Agents)

Defendant: Kingdom of Spain

Form of order sought

— declare that, by refusing persons entitled under the Spanish
Sistema Nacional de Salud (National health system) reimbur-
sement of medical costs incurred by them in another
Member State in the event of hospital treatment received in
accordance with Article 22(1)(a)(i) of Council Regulation
(EEC) No 1408/71 of 14 June 1971 on the application of
social
to self-
employed persons and to members of their families moving
within the Community (1) (‘Regulation 1408/71’), in so far
as the level of cover applicable in the Member State in
which that treatment is given is lower than that provided for
in Spanish legislation, the Kingdom of Spain has failed to
fulfil its obligations under Article 49 of the Treaty;

to employed persons,

security schemes

2. When the level of cover of hospital costs applicable under
the rules of another Member State is less favourable than
that provided under Spanish legislation, the refusal of the
Spanish authorities to reimburse the difference may dissuade
persons entitled under the Sistema Nacional de Salud to
move to that Member State in order to receive non-medical
services (for example, educational or tourist services) or, in
the case of persons entitled who have already moved, induce
them to return sooner in order to receive free hospital treat-
ment in Spain. The Spanish provision at issue may therefore
restrict both the provision of those various medical services
which initially motivate the temporary move of a person
entitled to another Member State, and the subsequent provi-
sion of medical services in that Member State in accordance
with Article 22(1)(a)(i) of Regulation 1408/71.

3. Those restrictions on the freedom to provide services are not
justified under the Treaty. In particular, the Spanish authori-
ties have not proved that those restrictions are necessary to
avoid seriously undermining the financial balance of
the
Spanish Sistema Nacional de Salud. Accordingly, the provi-
sion at issue infringes Article 49 EC.

(1) OJ L 149, 5.7.1971, p. 2.

Reference for a preliminary ruling from the Conseil d'État
(France) lodged on 21 May 2008 — Société Zeturf Limited
v Premier ministre, Ministre de l'Agriculture et de la Pêche,
Ministre de l'Intérieur, de l'Outre-mer et des Collectivités
territoriales, Ministre de l'Économie, de l'Industrie et de
l'Emploi — Intervening party: G.I.E. Pari Mutuel Urbain
(PMU)

(Case C-212/08)

(2008/C 197/20)

Language of the case: French

— order the Kingdom of Spain to pay the costs.

Referring court

Pleas in law and main arguments

Conseil d'État

1. Spanish legislation on social security matters provides that
hospital benefits covered by the Sistema Nacional de Salud
must be provided by its own system, except in very excep-
tional cases of ‘urgent, immediate health assistance which is
essential’. As a result, when a person entitled under the
Spanish Sistema Nacional de Salud moves temporarily to
another Member State and, during that stay, receives assis-
tance in hospital which is necessary from the medical point
of view in accordance with Article 22(1)(a)(i) of Regulation
1408/71, the costs incurred by him are not reimbursed by
the Spanish authorities.

Parties to the main proceedings

Applicant: Société Zeturf Limited

Defendants: Premier ministre, Ministre de l'Agriculture et de la
Pêche, Ministre de l'Intérieur, de l'Outre-mer et des Collectivités
territoriales, Ministre de l'Économie, de l'Industrie et de l'Emploi
— intervening party: G.I.E. Pari Mutuel Urbain (PMU)