Press Release: Judgment in Case C-211/08. Commission v Spain

Where unscheduled hospital care is administered during a temporary stay in a Member State other than the Member State of affiliation, the latter is not required to reimburse the patient as regards costs which, in the State where the care was administered, fall to be paid by the patient. The institution of the Member State of affiliation is required to reimburse the institution of the Member State of stay, in which the care was administered, only as regards the costs incurred by that institution on the basis of the level of cover applicable in the Member State of stay.