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Proposal for a Directive on services in the Internal Market. adopted on 13 January 2004 Com (2004) 2 final. « services» Proposal. March 2000 – Lisbon European Council - «…to set out by the end of 200 a strategy for the removal of barrriers to services…» December 2000 – Commission Strategy
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Proposal for a Directive on services in the Internal Market adopted on 13 January 2004 Com (2004) 2 final
« services» Proposal • March 2000 – Lisbon European Council - «…to set out by the end of 200 a strategy for the removal of barrriers to services…» • December 2000 – Commission Strategy • July 2002 – Commission report on « The State of the Internal Market for Services » (COM(2002) 441 final)
Court of Justice jurisprudence • Kohll (C‑158/96) and Decker (C‑120/95) - 28 April 1998 • Smits and Peerbooms (C‑157/99) and Vanbraekel (C‑368/98) - 12 July 2001 • Müller-Fauré/van Riet (C‑385/99)- 13 May 2003 23 October 2003 • Inizan (C-56/01) - 23 October 2003 • Leichtle (C‑8/02); 18 March 2004
Cases referred to the Court • Weller (C‑322/02); • Bautz (C‑454/02-1). • English case?
Commission staff working paper 28 July 2003 - SEC(2003) 900 Report on the application of Internal Market rules to health services- Implemenattion by the Member Staes of the Court’s jurisprudence
Article 23Assumption of health care costsNon-hospital care • 1. Member States may not make assumption of the costs of non-hospital care in another Member State subject to the granting of an authorisation, where the cost of that care, if it had been provided in their territory, would have been assumed by their social security system. • The conditions and formalities to which the receipt of non-hospital care in their territory is made subject by Member States, such as the requirement that a general practitioner be consulted prior to consultation of a specialist, or the terms and conditions relating to the assumption of the costs of certain types of dental care, may be imposed on a patient who has received non-hospital care in another Member State.
Article 23Assumption of health care costsHospital care • 2. Member States shall ensure that authorisation for assumption by their social security system of the cost of hospital care provided in another Member State is not refused where the treatment in question is among the benefits provided for by the legislation of the Member State of affiliation and where such treatment cannot be given to the patient within a time frame which is medically acceptable in the light of the patient’s current state of health and the probable course of the illness.
Article 23Assumption of health care costslevel of reimbursement • 3. Member States shall ensure that the level of assumption by their social security system of the costs of health care provided in another Member State is not lower than that provided for by their social security system in respect of similar health care provided in their territory.
Article 23Assumption of health care costsAuthorisations • 4. Member States shall ensure that their authorisation systems for the assumption of the costs of health care provided in another Member State are in conformity with Articles 9, 10, 11 and 13.
Article 4Definitions • (10) “hospital care” means medical care which can be provided only within a medical infrastructure and which normally requires the accommodation therein of the person receiving the care, the name, organisation and financing of that infrastructure being irrelevant for the purposes of classifying such care as hospital care;
Contact details Géraldine FAGES DG Internal Market Services unit (MARKT E-1) Tel 00 32 2 296 19 78 Fax 0032 2 295 77 12 E-mail: geraldine.fages@cec.eu.int
