Luxembourg, 19/03/2004 (Agence Europe) - The Court of Justice has issued a ruling concerning the coverage of costs in relation to health cures taken by German officials, the Court's press service points out in a press release, explaining that the German regulations concerning reimbursement of costs is partially contrary to the free provision of services.
A German official, Ludwig Leichtie, challenged the fact that spending linked to health cures in Italy, in Ischia - such as board, lodging, travel and visitors' tax - were not covered because the relevant German authorities had felt that the chances of receiving a successful cure were the same as in Germany.
The Court explains that the condition whereby the chance of a successful cure must be higher in another Member State may constitute an obstacle to free movement, acceptable if justified by a desire to balance social security financing, for example. No element of this kind was presented to the Court, it notes. The Court specifies that the issue does not cover the reimbursement of costs relating to a health cure but concerns the other related costs.
It also rules on another condition set out in the German regulations: the health spa must appear on an ad hoc list. Response: this condition aims to guarantee that health cure establishments are able to administer the necessary care. It also applies to German spas. In principle, it does not seem to be of a kind that will hamper the free provision of services between Member States. It will, however, be up to the German judge who decided to send the matter to the Court to decide, it explains.
European judges clarify one other point. The official who decides to go for a health cure before the result of the court case cannot be reproached for having done so as most patients cannot wait for the outcome of procedure before taking a cure required for their health.