''Geraets-Smits v Stichting Ziekenfonds'' and ''Peerbooms v Stichting CZ Groep Zorgverzekeringen'' (2001
C-157/99
is an

EU law European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote ...

case, concerning the

free movement of services The European single market, also known as the European internal market or the European common market, is the single market comprising mainly the Member state of the European Union, member states of the European Union (EU). With certain excep ...

in the European Union.

Facts

Mrs Geraets-Smits claimed the refusal of reimbursement for treatment for

Parkinson's disease Parkinson's disease (PD), or simply Parkinson's, is a neurodegenerative disease primarily of the central nervous system, affecting both motor system, motor and non-motor systems. Symptoms typically develop gradually and non-motor issues become ...

Kassel Kassel (; in Germany, spelled Cassel until 1926) is a city on the Fulda River in North Hesse, northern Hesse, in Central Germany (geography), central Germany. It is the administrative seat of the Regierungsbezirk Kassel (region), Kassel and the d ...

, which she believed was better than that available in the Netherlands by focusing on individual symptoms, was contrary to

TFEU The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establish ...

article 56. Mr Peerbooms received

neurostimulation Neurostimulation is the purposeful modulation of the nervous system's activity using invasive (e.g. microelectrodes) or Non-invasive procedure, non-invasive means (e.g. transcranial magnetic stimulation, transcranial electric stimulation such as ...

treatment in

Innsbruck Innsbruck (; ) is the capital of Tyrol (federal state), Tyrol and the List of cities and towns in Austria, fifth-largest city in Austria. On the Inn (river), River Inn, at its junction with the Wipptal, Wipp Valley, which provides access to the ...

, which likewise would not have been covered in the Netherlands. Experts testified in both cases that it was unjustified or experimental. Dutch social insurance covered medical costs of low income people, but only if it was approved. Funding came from individual premiums, from the state, and some from other private insurance funds. Geraets-Smits and Peerbooms had paid up front in Germany and Austria. Dutch law said authorisation had required that (1) treatment had to be regarded as 'normal in the professional circles concerned', and (2) 'necessary' so that adequate care could not be provided without undue delay by a care provider in the home state. The prior authorisation requirement was challenged as being contrary to

article 56. Governments submitted that hospital services were not an economic activity if it was provided free of charge under a sickness insurance scheme.

Judgment

The Court of Justice held that member states could organise their social security systems, if it was compatible with EU law rules. Article 57 did not require services to be paid for by those who received it, for it to fall within article 56 - and thus a restriction required justification. However the restrictions in these cases could be justified in the interests of maintaining social security's financial balance, or essential health reasons under TFEU article 52.

Notes

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References

* European Union services case law People with Parkinson's disease Neurostimulation 2001 in case law Healthcare in the Netherlands

Facts

Judgment

See also

Notes

References