ECJ 2011/*, Commission v. Grand Duchy of Luxembourg, 27 January 2011 (Case C-490/09).

摘要

Two complaints were referred to the Commission concerning cases of refusal to reimburse patients insured under the Luxembourg social security system in respect of the costs of medical analyses carried out in Member States other than the Grand Duchy of Luxembourg.In one of those cases, reimbursement of the costs was refused on the ground that, since the national legislation provided for direct billing of the costs relating to those analyses to the sickness insurance funds, the relevant sickness insurance fund was not authorised to effect the reimbursement in the absence of a scale of charges for the benefit. In the other case, the Commission considers that reimbursement of blood analyses and ultrasound examinations carried out in Germany was refused on the ground that only the benefits provided for in the Statutes can be reimbursed and that the benefits must be provided in accordance with the provisions of the various applicable national agreements. In that case, the conditions laid down for reimbursement of those analyses could not be fulfilled by the complainant on account of differences between the Luxembourg and German health systems. The Commission states, by way of example that the samples were taken directly by the doctor, whereas Luxembourg law requires that they be taken in a 'separate laboratory'.