CELEX: C2003/146/44
Language: en
Date: 2003-06-21 00:00:00
Title: Case C-145/03: Reference for a preliminary ruling by the Juzgado de lo Social by order of that Court of 6 November 2002 in the social security proceedings brought by Ms Annette Keller against Instituto Nacional de la Salud (INSALUD) and Instituto Nacional de la Seguridad Social (INSS)

C 146/26               EN                        Official Journal of the European Union                                            21.6.2003
Action brought on 31 March 2003 by Commission of the                     (National Social Security Institute) (INSS) on the following
    European Communities against Portuguese Republic                     questions:
                         (Case C-144/03)
                                                                         1.      Are Form E-111 and in particular Form E-112, the issue
                         (2003/C 146/43)                                         of which is provided for in Articles 22(1)(c) of Regulation
                                                                                 No 1408/71 (1) and Article 22(1) and (3) of Regulation
                                                                                 No 574/72 ( 2), binding on the competent institution
An action against the Portuguese Republic was brought before                     which issues them (in this case the Spanish Social
the Court of Justice of the European Communities on 31 March                     Security) as regards the diagnosis made by the institution
2003 by the Commission of the European Communities,                              of the place of residence (in this case the German Public
represented by M. França and J. Flett, acting as Agents, with an                 Health Service), and specifically the conclusions reached
address for service in Luxembourg.                                               therein that the worker required an immediate surgical
                                                                                 operation as the only treatment capable of saving her life
                                                                                 and that the operation could only be carried out by a
The applicant claims that the Court should:                                      hospital in a country not belonging to the European
                                                                                 Union, namely the University Clinic in Zurich, Switzer-
—     Declare that, by failing to adopt and bring into force the                 land, so that the institution of the place of residence may
      laws, regulations and administrative provisions necessary                  send the worker to that hospital without the competent
      to comply with Commission Directive 2000/52/EC (1) of                      institution being authorised to require the worker to
      26 July 2000 amending Directive 80/723/EEC on the                          return so that it can carry out the medical examinations
      transparency of financial relations between Member                         it considers appropriate and offer him [her] the care
      States and public undertakings, the Portuguese Republic                    options appropriate for the pathology which he [she]
      has failed to fulfil its obligations under Article 2 of                    presents?
      Directive 2000/52/EC;
—     declare in any event that, by failing to communicate
      forthwith those provisions to the Commission, the Portu-           2.      Is the principle of equal treatment laid down in Article 3
      guese Republic has failed to fulfil its obligations under                  of Regulation No 1408/71, which provides that workers
      Article 2 of Directive 2000/52/EC;                                         are to ‘... enjoy the same benefits under the legislation of
                                                                                 any Member State as the nationals of that State’, in
—     order the Portuguese Republic to pay the costs.                            conjunction with Articles 19(1)(a) and 22(1)(i) of that
                                                                                 regulation, which provide that a worker residing in the
                                                                                 territory of another Member State is to be entitled to
Pleas in law and main arguments                                                  benefits in kind provided on behalf of the institution of
                                                                                 the place of stay or residence in accordance with the
                                                                                 provisions which it applies, as though he were insured
The period prescribed for implementation of the directive                        with it, to be interpreted as meaning that the competent
expired on 31 July 2001.                                                         institution is required to assume the costs of the health
                                                                                 care provided by a country outside the European Union
( 1) OJ L 193 of 29.7.2000, p. 75.                                               when it is established that if the worker had been affiliated
                                                                                 to or been insured by the institution of the place of
                                                                                 residence he would have been entitled to that health
                                                                                 benefit, when in addition the said health care — that is,
                                                                                 health care in cases of life-threatening emergency pro-
                                                                                 vided by private centres, including those in countries not
                                                                                 belonging to the European Union — is among the
Reference for a preliminary ruling by the Juzgado de lo                          benefits provided for by the legislation of the competent
Social by order of that Court of 6 November 2002 in the
                                                                                 State?
social security proceedings brought by Ms Annette Keller
against Instituto Nacional de la Salud (INSALUD) and
       Instituto Nacional de la Seguridad Social (INSS)
                                                                         (1 ) Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on
                         (Case C-145/03)
                                                                              the application of social security schemes to employed persons
                                                                              and their families moving within the Community (OJ L 149 of
                         (2003/C 146/44)                                      05.07.1971, p. 2).
                                                                         (2 ) Regulation (EEC) No 574/72 of the Council of 21 March 1972
                                                                              fixing the procedure for implementing Regulation (EEC) No 1408/
Reference has been made to the Court of Justice of the                        71 on the application of social security schemes to employed
                                                                              persons and their families moving within the Community (OJ
European Communities by order of the Juzgado de lo Social                     L 74 of 27.03.1972, p. 1).
(Social Court) of 6 November 2002, received at the Court
Registry on 31 March 2003, for a preliminary ruling in the
social security proceedings brought by Ms Annette Keller
against Instituto Nacional de la Salud (National Health Institute)
(INSALUD) and Instituto Nacional de la Seguridad Social