Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 10/05/2010

Subject: The Court affirmed that the prior authorization, to which the French legislation makes subject responsibility for payment by the competent institution for treatment planned in another Member State and involving the use of major medical equipment outside hospital infrastructures, constitutes a justified restriction of the freedom to provide services; planning requirements relating, on the one hand, to the object of ensuring sufficient and permanent access to a balanced range of high-quality treatment in the Member State concerned and, on the other, to the wish to control costs and avoid, so far as possible, any waste of financial, technical and human resources may justify the requirement of prior authorisation for financial responsibility on the part of the competent institution for treatment proposed in another Member State.

Parties: Commissione europea c/ Francia

Classification: Freedoms - Art. 15 Freedom to provide services

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