《Health care services and the Single European Market-9-2016》.pdf

Briefing No 44 September 2008 Health Care Services and the Single European Market Diane Dawson, Corpus Christi College, Cambridge Centre for Health Economics, York Lyndsay Mountford, Wychwood Economic Consulting Ltd, formerly of DG SANCO Contents 1. INTRODUCTION AND 1. Introduction and summary 1 SUMMARY 2. The scope of Community law with regard to the health care sector 3 On 2 July 2008 the European Commission published 2.1 The Internal Market rules 3 a proposal for a Directive on the application of 2.2 Regulation 1408/71 4 patients’ rights in cross-border health care1. This draft 2.3 Competition Law (Articles 81 and 82) 4 Directive has been a long time in gestation. Its origin dates back to 1998 when two landmark rulings of the 2.4 Articles 5 and 152 of the Treaty: European Court of Justice (ECJ – hereafter “the subsidiarity in health 4 Court”) sent shock waves around EU health 2.5 Articles 28-30 and 49-50: the free administrations2 . These rulings appeared to affirm the movement of goods and services 5 right of patients to obtain reimbursement from their 2.6 The impact of recent ECJ judgements: health care systems for health care which they had on competition between European purchased from another EU Member State, without health care systems