Case C-115/24, Österreichische Zahnärztekammer: Judgment of the Court (Fourth Chamber) of 11 September 2025 (request for a preliminary ruling from the Oberster Gerichtshof – Austria) – UJ v Österreichische Zahnärztekammer (Reference for a preliminary ruling – Public health – Cross-border healthcare – Directive 2011/24/EU – Article 3(d) and (e) – Provision of healthcare through telemedicine – Concept of telemedicine – Cross-border healthcare provided through telemedicine – Complex medical treatment that includes healthcare provided in person and through telemedicine – Member State of treatment – Directive 2000/31/EC – Information society service – Directive 2005/36/EC – Professional qualifications – Freedom to provide services – Scope – Article 56 TFEU)
Date: 2025-09-11
Institutions: Court of Justice
Subjects: country of origin principle, dental medicine, electronic commerce, freedom to provide services, health service, healthcare industry, information technology, patient's rights, telemedicine








C_202505802EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/5802


10.11.2025






Judgment of the Court (Fourth Chamber) of 11 September 2025 (request for a preliminary ruling from the Oberster Gerichtshof – Austria) – UJ v Österreichische Zahnärztekammer


(Case C-115/24,
                (1)
Österreichische Zahnärztekammer)

(Reference for a preliminary ruling - Public health - Cross-border healthcare - Directive 2011/24/EU - Article 3(d) and (e) - Provision of healthcare through telemedicine - Concept of ‘telemedicine’ - Cross-border healthcare provided through telemedicine - Complex medical treatment that includes healthcare provided in person and through telemedicine - Member State of treatment - Directive 2000/31/EC - Information society service - Directive 2005/36/EC - Professional qualifications - Freedom to provide services - Scope - Article 56 TFEU)
(C/2025/5802)
Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings


Appellant in the appeal on a point of law: UJ

Respondent in the appeal on a point of law: Österreichische Zahnärztekammer

Interested parties: Urban Technology GmbH, DZK Deutsche Zahnklinik GmbH

Operative part of the judgment







1.


Article 3(d) and (e) of Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare
must be interpreted as meaning that the concept of cross-border healthcare provided in the case of telemedicine, for the purposes of that article, corresponds solely to healthcare provided, exclusively via information and communication technologies, to a patient by a healthcare provider established in a Member State other than that patient’s Member State of affiliation, at a distance and therefore without that patient and that provider being simultaneously physically present in the same location.










2.


Article 3(d) of Directive 2011/24
must be interpreted as applying to all the fields governed by that directive and not only to the reimbursement of the costs of cross-border healthcare referred to in Article 7 of that directive.










3.


Article 3(d) of Directive 2011/24 and Article 3(1) of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’),
must be interpreted as meaning that telemedicine services must be provided in accordance with the legislation of the Member State where the provider is established.










4.


Article 5 of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications
must be interpreted as meaning that that directive does not apply to a provider of cross-border healthcare in the case of telemedicine, or to a provider, established in a Member State, that, without moving, has a provider established in another Member State provide healthcare in person to a patient residing in that second Member State.






(1)  OJ C, C/2024/2733.


ELI: http://data.europa.eu/eli/C/2025/5802/oj
ISSN 1977-091X (electronic edition)