Luxembourg, 05/04/2000 (Agence Europe) - The Court of Justice has heard the pleas of parties in the first case lodged before it concerning the refund of hospital costs incurred in a Member State without authorisation from the health insurance organisation of the Member State where the sick person resides.
A Dutch national afflicted by Parkinson's disease was treated in a German clinic without prior authorisation from his health insurance organisation. The latter refused to refund him for the invoice, as a treatment regarded "satisfactory and adequate" was available in the Netherlands, and - according to the health insurance organisation - the German treatment provided nothing extra. Another Dutch national, a young 21-year old man, Mr. Peerbooms, had been sent to an Austrian clinic when he was in a coma. The Austrian doctors had provided him with special intensive care that allowed him to survive. This technique also existed in the Netherlands but was only available to people over 25. The Dutch health insurance organisation had refused to refund the treatment.
The two patients disputed this refusal before the court of the suburb of Roemond which sent the case on to the Court of Justice asking it if the requirement of prior-authorisation in this type of case was contrary to European law.