Angelo Ferlini contra Centre hospitalier de Luxembourg.

• Jurisdiction: European Union
• Celex Number: 61998CJ0411
• ECLI: ECLI:EU:C:2000:530
• Docket Number: C-411/98
• Court: Court of Justice (European Union)
• Procedure Type: Reference for a preliminary ruling
• Date: 03 October 2000

Avis juridique important

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61998J0411

Judgment of the Court of 3 October 2000. - Angelo Ferlini v Centre hospitalier de Luxembourg. - Reference for a preliminary ruling: Tribunal d'arrondissement de Luxembourg - Grand Duchy of Luxemburg. - Workers - Regulation (EEC) No 1612/68 - Equal treatment - Persons not affiliated to the national social security scheme - Officials of the European Communities - Application of scales of fees for medical and hospital expenses connected with childbirth. - Case C-411/98.

European Court reports 2000 Page I-08081

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

1. Freedom of movement for persons - Workers - Definition - National of a Member State employed by an international organisation - Included

(EC Treaty, Art. 48 (now, after amendment, Art. 39 EC))

2. Community law - Principles - Equal treatment - Discrimination on grounds of nationality - Higher scales of fees for medical and hospital care for persons not affiliated to the national social security scheme of a Member State, such as officials - Prohibition in the absence of objective justification

(EC Treaty, Art. 6, first para. (now, after amendment, Art. 12 EC, first para.))

Summary

1. A national of one Member State working in another Member State does not lose his status of worker within the meaning of Article 48(1) of the Treaty (now, after amendment, Article 39(1) EC) through occupying a post within an international organisation, even if the rules relating to entry into and residence in the country in which he is employed are specifically governed by an international agreement. Accordingly, there can be no doubt that an EC official has the status of a migrant worker.

( see para. 42 )

2. The first paragraph of Article 6 of the Treaty (now, after amendment, the first paragraph of Article 12 EC) also applies in cases where a group or organisation such as the Entente des hôpitaux luxembourgeois exercises a certain power over individuals and is in a position to impose on them conditions which adversely affect the exercise of the fundamental freedoms guaranteed under the Treaty.

The application, on a unilateral basis, by a group of healthcare providers of a Member State to EC officials of scales of fees for medical and hospital maternity care which are higher than those applicable to residents affiliated to the national social security scheme of that State constitutes discrimination on the ground of nationality prohibited under the first paragraph of Article 6 of the EC Treaty, in the absence of objective justification in this respect.

The criterion of affiliation to the national social security scheme, on which the differentiation of fees for medical and hospital care is based, constitutes indirect discrimination on the ground of nationality. First, the great majority of those affiliated to the Sickness Insurance Scheme common to the institutions of the European Communities and not to the national social security scheme, although in receipt of medical and hospital care given in Luxembourg, are nationals of other Member States. Second, the overwhelming majority of nationals residing in Luxembourg are covered by the national social security scheme.

( see paras 50, 58, 62 and operative part )

Parties

In Case C-411/98,

REFERENCE to the Court under Article 177 of the EC Treaty (now Article 234 EC) by the Tribunal d'Arrondissement, Luxembourg, for a preliminary ruling in the proceedings pending before that court between

Angelo Ferlini

and

Centre Hospitalier de Luxembourg,

on the interpretation, first, of the first paragraph of Article 6 and Article 48 of the EC Treaty (now, after amendment, the first paragraph of Article 12 EC and Article 39 EC), of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community (OJ, English Special Edition 1968 (II), p. 475), as amended by Council Regulation (EEC) No 312/76 of 9 February 1976 amending the provisions relating to the trade union rights of workers contained in Regulation (EEC) No 1612/68 (OJ 1976 L 39, p. 2), and 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 (EEC) No 2001/83 of 2 June 1983 (OJ 1983 L 230, p. 6), and, second, of Article 85(1) of the EC Treaty (now Article 81(1) EC),

THE COURT,

composed of: G.C. Rodríguez Iglesias, President, J.C. Moitinho de Almeida, D.A.O. Edward, L. Sevón and R. Schintgen (Presidents of Chambers), P.J.G. Kapteyn, C. Gulmann, P. Jann, H. Ragnemalm (Rapporteur), M. Wathelet and V. Skouris, Judges,

Advocate General: G. Cosmas,

Registrar: R. Grass,

after considering the written observations submitted on behalf of:

- Mr Ferlini, by M.-A. Lucas, of the Liège Bar, and M. Dennewald, of the Luxembourg Bar,

- the Luxembourg Government, by P. Steinmetz, Head of Legal and Cultural Affairs in the Ministry of Foreign Affairs, acting as Agent,

- the Commission of the European Communities, by P.J. Kuijper, Legal Adviser, E. Gippini Fournier and W. Wils, of its Legal Service, acting as Agents,

having regard to the report of the Judge-Rapporteur,

after hearing the Opinion of the Advocate General at the sitting on 21 September 1999,

gives the following

Judgment

Grounds

1 By judgment of 7 October 1998, received at the Court on 18 November 1998, the Tribunal d'Arrondissement (District Court), Luxembourg, referred to the Court for a preliminary ruling under Article 177 of the EC Treaty (now Article 234 EC) a question on the interpretation, first, of the first paragraph of Article 6 and Article 48 of the EC Treaty (now, after amendment, the first paragraph of Article 12 EC and Article 39 EC), of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community (OJ, English Special Edition 1968 (II), p. 475), as amended by Council Regulation (EEC) No 312/76 of 9 February 1976 amending the provisions relating to the trade union rights of workers contained in Regulation (EEC) No 1612/68 (OJ 1976 L 39, p. 2; Regulation No 1612/68), and 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 (EEC) No 2001/83 of 2 June 1983 (OJ 1983 L 230, p. 6; Regulation No 1408/71), and, second, of Article 85(1) of the EC Treaty (now Article 81(1) EC).

2 That question was raised in proceedings between Mr Ferlini and the Centre Hospitalier de Luxembourg (the CHL) concerning the scale of fees for the care given at his wife's confinement and for her stay in the maternity unit of the CHL.

Legal background

Community legislation

3 Article 2(1) of Regulation No 1408/71 provides:

This regulation shall apply to employed or self-employed persons who are or have been subject to the legislation of one or more Member States and who are nationals of one of the Member States or who are stateless persons or refugees residing within the territory of one of the Member States, as well as to the members of their families and their survivors.

4 Under Article 7(1) and (2) of Regulation No 1612/68:

1. A worker who is a national of a Member State may not, in the territory of another Member State, be treated differently from national workers by reason of his nationality in respect of any conditions of employment and work, in particular as regards remuneration, dismissal and, should he become unemployed, reinstatement or re-employment;

2. He shall enjoy the same social and...