L'exclusion absolue du remboursement des frais d'hospitalisation à l'étranger est contraire au droit communautaire - RDE nº 07-181
Auteur | Legal News |
Assuré auprès de l'organisme d'assurance des professions libérales grecque, Dimitrios Stamatelakis a été hospitalisé à deux reprises dans un établissement de soins privé au Royaume-Uni. L'organisme grec a refusé de rembourser les frais qu'il avait avancés, se fondant sur la loi grecque, qui ne prévoit le remboursement des frais d'hospitalisation dans des établissements de soins privés à l'étranger que pour les enfants âgés de moins de 14 ans. Saisie par la veuve de cet assuré lui demandant de lui confirmer la conformité de la législation grecque aux principes du Traité en matière de libre prestation de services, la CJCE a rendu son arrêt le 19 avril 2007. Elle a ainsi jugé que la législation nationale qui prévoit l'exclusion totale du remboursement des frais d'hospitalisation à l'étranger était...
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