Asunto C-372/04: Sentencia del Tribunal de Justicia (Gran Sala) de 16 de mayo de 2006 [petición de decisión prejudicial planteada por la Court of Appeal (Civil Division) — Reino Unido] — Yvonne Watts, The Queen/Bedford Primary Care Trust, Secretary of State for Health (Seguridad Social — Sistema sanitario nacional financiado por el Estado — Gastos médicos efectuados en otro Estado miembro — Artículos 48 CE a 50 CE y 152 CE, apartado 5 — Artículo 22 del Reglamento (CEE) n o 1408/71)

• Jurisdiction: European Union
• Published date: 19 July 2006
• Celex Number: C2006/165/11

15.7.2006 EN Official Journal of the European Union C 165/6

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Judgment of the Court (Grand Chamber) of 16 May 2006 (reference for a preliminary ruling from the Court of Appeal (Civil Division) — United Kingdom) — The Queen, on the application of Yvonne Watts v Bedford Primary Care Trust, Secretary of State for Health

(Case C-372/04) (1)

(Social security - National health system funded by the State - Medical expenses incurred in another Member State - Articles 48 EC to 50 EC and 152(5) EC - Article 22 of Regulation (EEC) No 1408/71)

(2006/C 165/11)

Language of the case: English

Referring court

Court of Appeal (Civil Division)

Parties to the main proceedings

Applicants: The Queen, on the application of Yvonne Watts

Defendants: Bedford Primary Care Trust, Secretary of State for Health

Re:

Reference for a preliminary ruling — Court of Appeal (Civil Division) — Interpretation of Articles 48, 49, 50, 55 and 152(5) EC and Article 22 of Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, and of Council Regulation (EEC) No 574/72 of 21 March 1972 fixing the procedure for implementing Regulation No 1408/71, as amended and updated by Regulation No 118/97 — Conditions for reimbursement of the costs of hospital treatment incurred without prior authorisation in a Member State other than that of the competent authority

Operative part of the judgment

1. The second subparagraph of Article 22(2) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, must be interpreted as meaning that, in order to be entitled to refuse to grant the authorisation referred to in Article 22(1)(c)(i) of that regulation on the ground that there is a waiting time for hospital treatment, the competent institution is required to establish that that time does not exceed the period which is acceptable on the basis of an objective medical assessment of the clinical needs of the person concerned in the light of all of the factors characterising his...