Press Release: Advocate General’s Opinion in Case C-268/13. Elena Petru v Casa Judeţeană de Asigurări de Sănătate Sibiu and Casa Naţională de Asigurări de Sănătate

According to Advocate General Cruz Villalón, a Member State is obliged to authorise the provision of a service in another EU State when the fact that the service cannot be provided in its territory is the result of an occasional, temporary deficiency in its hospital facilities.

The Advocate General however considers if the problem is structural in nature, the Member State is not obliged to authorise the provision of that service in another State, unless that authorisation would not put the viability of its social security system at risk.