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European Observer on fundamental right's respect

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Case Law C-243/19 (29/10/2020)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 10/29/2020

Subject: The Court affirmed that 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

Parties: Veselības ministrija

Classification: Equality - Art. 21 Non discrimination - Solidarity - Art. 34 Social security

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