Source: All England Reporter
Publisher Citation: [2003] All ER (D) 343 (Feb)
Court: Court of Justice of the European Communities

Judges Rodríguez Iglesias (President), Wathelet, Schintgen and Timmermans (Presidents of Chambers), Gulmann, Edward, La Pergola (Rapporteur), Jann, Skouris, Macken, Colneric, von Bahr and Cunha Rodrigues

Judgment Dates: 25 February 2003


European Communities - Social security - Persons moving within the Community - Hospital treatment of pensioner during stay in a member state other than member state of residence - Application of social security schemes - Council Regulation (EEC) 1408/71, art 31.

The Case

On its true construction, art31 of Council Regulation (EEC) 1408-71 (on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the community) was not limited to medical treatment which was immediately necessary and which could not be deferred until the pensioner returned to the member state of residence. The Court also gave guidance on the implementation in practice of that provision.

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