23.11.2013

Official Journal of the European Union

C 344/44

(Case C-459/13)

2013/C 344/75

Language of the case: Slovak

Referring court

Parties to the main proceedings

Applicant: Milica Široká

Defendant: Úrad verejného zdravotníctva Slovenskej republiky

Questions referred

1.Is Article 35 of the Charter of Fundamental Rights of the European Union to be interpreted, in the spirit of the European legal tradition, as authorising every bearer of that right to choose whether to make use of or refuse access to preventative healthcare together with the possibility of using medical care without regard to the mandatory conditions set out in national laws and procedures, or does the public interest in ensuring a high level of health protection for European Union citizens not enable individuals to make that choice?

2.On a proper interpretation of Article 168 of the Treaty on the Functioning of the European Union, in particular paragraphs 1 and 4(c) thereof, does the European Union objective of, in particular, preventing physical and mental illness and obviating sources of danger to physical and mental health, preclude European Union citizens from refusing ‘compulsory’ vaccination, on the ground that that attitude represents a threat to public health?

3.Does parental responsibility for the purpose of Article 33 of the Charter of Fundamental Rights of the European Union in conjunction with Article 6(3) of the Treaty on European Union, which concerns in particular the unifying principle of the constitutional traditions common to the Member States, take precedence over the public interest in the protection of health, in favour of the parental care of a minor?