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European Observer on fundamental right's respect

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Case Law C-255/13 (05/06/2014)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 06/05/2014

Subject: The Court affirmed that Regulation (EC) No 883/2004 on the coordination of social security systems must be interpreted as meaning that where a European Union national who was resident in one Member State suffers a sudden serious illness while on holiday in a second Member State and is compelled to remain in the latter State for 11 years as a result of that illness and the fact that specialist medical care is available close to the place where he lives, such a person must be regarded as ‘staying’ in the second Member State if the habitual centre of his interests is in the first Member State. To determine the habitual centre of such a person’s interests it needs to carrying out an assessment of all the relevant facts and taking into account that person’s intention. The mere fact that that person has remained in the second Member State for a long time not being sufficient in itself alone for him to be regarded as residing in that Member State.

Parties: I c. Health Service Executive

Classification: Solidarity - Art. 34 Social security - Social services for illness

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