Court of Justice of the European Union

Link to the full press release: https://curia.europa.eu/jcms/upload/docs/application/pdf/2020-10/cp200134en.pdf

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PRESS RELEASE No 134/20

Luxembourg, 29 October 2020

Judgment in Case C-243/19 A v Veselības ministrija

The refusal by a patient’s Member State of affiliation to grant prior authorisation for the reimbursement of cross-border healthcare costs when effective hospital treatment is available in that Member State but the method of treatment used is against the insured person’s religious beliefs brings about a difference in treatment indirectly based on religion

That refusal is not contrary to EU law if it is objectively justified by a legitimate aim relating to maintaining treatment capacity or medical competence and is an appropriate and necessary means of achieving that aim

The son of the applicant in the main proceedings had to have open heart surgery. That operation was available in the latter’s Member State of affiliation, Latvia, but could not be carried out without a blood transfusion. However, the applicant in the main proceedings opposed that method of treatment on the ground that he was a Jehovah’s Witness, and therefore requested that the Nacionālais veselības dienests (the national health service, Latvia) issue an authorisation so that his son could receive scheduled treatment in Poland, where the operation could be performed without a blood transfusion. As his request was rejected, the applicant brought an action against the health service’s refusal decision. That action was dismissed at first instance, a ruling which was upheld on appeal. In the meantime, the applicant’s son had heart surgery in Poland, without a blood transfusion. 

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