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Case C-512/08: Judgment of the Court (Grand Chamber) of 5 October 2010 — European Commission v French Republic (Failure of a Member State to fulfil obligations — Article 49 EC — Social security — Medical treatment proposed in another Member State and requiring the use of major medical equipment — Requirement of prior authorisation — Planned treatment provided in another Member State — Difference in the levels of cover in force in the Member State of affiliation and in the Member State of stay, respectively — Insured person’s right to assistance by the competent institution to supplement that of the institution of the Member State of stay)
ECLI:EU:UNKNOWN:62008CA0512
62008CA0512
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Official Journal of the European Union
C 328/3
(Case C-512/08) (<span class="super">1</span>)
(Failure of a Member State to fulfil obligations - Article 49 EC - Social security - Medical treatment proposed in another Member State and requiring the use of major medical equipment - Requirement of prior authorisation - Planned treatment provided in another Member State - Difference in the levels of cover in force in the Member State of affiliation and in the Member State of stay, respectively - Insured person’s right to assistance by the competent institution to supplement that of the institution of the Member State of stay)
2010/C 328/04
Language of the case: French
Parties
Applicant: European Commission (represented by: N. Yerrell, G. Rozet and E. Traversa, acting as Agents)
Defendant: French Republic (represented by: A. Czubinski and G. de Bergues, acting as Agents)
Interveners in support of the defendants: Kingdom of Spain (represented by J.M. Rodríguez Cárcamo, acting as Agent), Republic of Finland (represented by A. Guimaraes-Purokoski, acting as Agent), United Kingdom of Great Britain and Northern Ireland (represented by I. Rao, and subsequently by S. Ossowski, acting as Agents, assisted by M.-E. Demetriou, Barrister)
Re:
Failure to fulfil obligations — Infringement of Article 49 EC — Requirement of prior authorisation, from the State of insurance, in order to obtain repayment for certain non-hospital treatment received in another Member State — Failure to pay the difference between the amount received by the insured, who receives hospital treatment in a Member State other than the Member State of insurance, and the amount to which he would have been entitled had he received the same treatment in the Member State of insurance — Unjustified obstacles to the freedom to provide services
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders the European Commission to pay the costs;
3.Orders the Kingdom of Spain, the Republic of Finland and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.
(<span class="super">1</span>) OJ C 44, 21.2.2009.