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Case C-490/09: Judgment of the Court (Second Chamber) of 27 January 2011 — European Commission v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Article 49 EC — Freedom to provide services — Non-reimbursement of costs relating to laboratory analyses and tests carried out in Member States other than the Grand Duchy of Luxembourg — National rules not providing for acceptance of liability in the form of a reimbursement of the costs paid for such analyses and tests — National rules making acceptance of liability for health care benefits subject to compliance with the conditions laid down by those rules)
ECLI:EU:UNKNOWN:62009CA0490
62009CA0490
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12.3.2011
Official Journal of the European Union
C 80/5
(Case C-490/09) (<span class="super">1</span>)
(Failure of a Member State to fulfil obligations - Article 49 EC - Freedom to provide services - Non-reimbursement of costs relating to laboratory analyses and tests carried out in Member States other than the Grand Duchy of Luxembourg - National rules not providing for acceptance of liability in the form of a reimbursement of the costs paid for such analyses and tests - National rules making acceptance of liability for health care benefits subject to compliance with the conditions laid down by those rules)
2011/C 80/08
Language of the case: French
Parties
Applicant: European Commission (represented by: G. Rozet and E. Traversa, Agents)
Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, Agent, A. Rodesch, avocat)
Re:
Failure of a Member State to fulfil its obligations — Infringement of Article 49 EC (Article 56 TFEU) — National provisions precluding the reimbursement of medical analyses and laboratory tests carried out in other Member States — Costs accepted only where such tests and analyses are carried out within a laboratory which fully complies with the conditions laid down by national legislation
Operative part of the judgment
The Court:
1.Declares that, by failing to provide, under its social security rules, for the possibility of acceptance of liability for costs relating to laboratory analyses and tests, within the meaning of Article 24 of the Luxembourg Social Security Code, in the version applicable to the dispute, which are carried out in another Member State, by means of reimbursement of the costs paid for those analyses and tests, but by providing solely for a system of direct billing to sickness insurance funds, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 49 EC.
2.Dismisses the remainder of the action.
3.Orders the European Commission and the Grand Duchy of Luxembourg to bear their own costs.
(<span class="super">1</span>) OJ C 37, 13.2.2010.