A v Latvijas Republikas Veselības ministrija.

• Jurisdiction: European Union
• ECLI: ECLI:EU:C:2021:595
• Date: 15 July 2021
• Docket Number: C-535/19
• Celex Number: 62019CJ0535
• Court: Court of Justice (European Union)

Provisional text

JUDGMENT OF THE COURT (Grand Chamber)

15 July 2021 (*)

(Reference for a preliminary ruling – Freedom of movement for persons – Citizenship of the Union – Regulation (EC) No 883/2004 – Article 3(1)(a) – Sickness benefits – Concept – Article 4 and Article 11(3)(e) – Directive 2004/38/EC – Article 7(1)(b) – Right of residence for more than three months – Condition of having comprehensive sickness insurance cover – Article 24 – Equal treatment – Economically inactive national of a Member State residing legally in the territory of another Member State – Refusal by the host Member State to affiliate that person to its public sickness insurance system)

In Case C‑535/19,

REQUEST for a preliminary ruling under Article 267 TFEU from the Augstākā tiesa (Senāts) (Supreme Court, Latvia), made by decision of 9 July 2019, received at the Court on 12 July 2019, in the proceedings

A

intervening parties:

Latvijas Republikas Veselības ministrija,

THE COURT (Grand Chamber),

composed of K. Lenaerts, President, R. Silva de Lapuerta, Vice-President, J.‑C. Bonichot, A. Arabadjiev, A. Prechal, N. Piçarra and N. Wahl, Presidents of Chambers, E. Juhász, M. Safjan, D. Šváby, S. Rodin, F. Biltgen, K. Jürimäe (Rapporteur), C. Lycourgos and P. G. Xuereb, Judges,

Advocate General: H. Saugmandsgaard Øe,

Registrar: M. Aleksejev, Head of Unit,

having regard to the written procedure and further to the hearing on 28 September 2020,

after considering the observations submitted on behalf of:

– A, by L. Liepa, advokāts,

– the Latvijas Republikas Veselības ministrija, initially I. Viņķele and R. Osis, then by R. Osis,

– the Latvian Government, initially by V. Soņeca, V. Kalniņa and K. Pommere, then by K. Pommere, acting as Agents,

– the Spanish Government, by L. Aguilera Ruiz, acting as Agent,

– the European Commission, by D. Martin, E. Montaguti and I. Rubene, acting as Agents,

after hearing the Opinion of the Advocate General at the sitting on 11 February 2021,

gives the following

Judgment

1 This request for a preliminary ruling concerns the interpretation of Article 18, Article 20(1) and Article 21 TFEU, Article 3(1)(a), Article 4 and Article 11(3)(e) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ 2004 L 166, p. 1, and corrigendum OJ 2004 L 200, p. 1), as amended by Regulation (EC) No 988/2009 of the European Parliament and of the Council of 16 September 2009 (OJ 2009 L 284, p. 43) (‘Regulation No 883/2004’), and Article 7(1)(b) and Article 24 of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 158, p. 77, and corrigendum OJ 2004 L 229, p. 35).

2 The request has been made in proceedings between A and the Latvijas Republikas Veselības ministrija (Ministry of Health of the Republic of Latvia) concerning the latter’s refusal to affiliate A to the public sickness insurance system and to issue him with a European Health Insurance Card.

Legal context

European Union law

Regulation No 883/2004

3 Article 2 of Regulation No 883/2004, entitled ‘Persons covered’, provides in paragraph 1 thereof:

‘This Regulation shall apply to nationals of a Member State, stateless persons and refugees residing in a Member State who are or have been subject to the legislation of one or more Member States, as well as to the members of their families and to their survivors.’

4 Under Article 3 of that regulation, entitled ‘Matters covered’:

‘1. This Regulation shall apply to all legislation concerning the following branches of social security:

(a) sickness benefits;

…

5. This Regulation shall not apply to:

(a) social and medical assistance

…’

5 Article 4 of that regulation, relating to ‘equality of treatment’ is worded as follows:

‘Unless otherwise provided for by this Regulation, persons to whom this Regulation applies shall enjoy the same benefits and be subject to the same obligations under the legislation of any Member State as the nationals thereof.’

6 Article 11 of that regulation sets out the ‘general rules’ on the determination of the legislation applicable. It is worded as follows:

‘1. Persons to whom this Regulation applies shall be subject to the legislation of a single Member State only. Such legislation shall be determined in accordance with this Title.

…

3. Subject to Articles 12 to 16:

(a) a person pursuing an activity as an employed or self-employed person in a Member State shall be subject to the legislation of that Member State;

(b) a civil servant shall be subject to the legislation of the Member State to which the administration employing him/her is subject;

(c) a person receiving unemployment benefits in accordance with Article 65 under the legislation of the Member State of residence shall be subject to the legislation of that Member State;

(d) a person called up or recalled for service in the armed forces or for civilian service in a Member State shall be subject to the legislation of that Member State;

(e) any other person to whom subparagraphs (a) to (d) do not apply shall be subject to the legislation of the Member State of residence, without prejudice to other provisions of this Regulation guaranteeing him/her benefits under the legislation of one or more other Member States.

…’

Directive 2004/38

7 Recital 10 of Directive 2004/38 states:

‘Persons exercising their right of residence should not, however, become an unreasonable burden on the social assistance system of the host Member State during an initial period of residence. Therefore, the right of residence for Union citizens and their family members for periods in excess of three months should be subject to conditions.’

8 Article 7(1) of that directive, in Chapter III thereof, entitled ‘Right of residence’, provides:

‘All Union citizens shall have the right of residence on the territory of another Member State for a period of longer than three months if they:

…

(b) have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence and have comprehensive sickness insurance cover in the host Member State

…’

9 The first subparagraph of Article 14(2) of that directive provides as follows:

‘Union citizens and their family members shall have the right of residence provided for in Articles 7, 12 and 13 as long as they meet the conditions set out therein.’

10 Under Article 16(1) of that directive:

‘Union citizens who have resided legally for a continuous period of five years in the host Member State shall have the right of permanent residence there. This right shall not be subject to the conditions provided for in Chapter III.’

11 Article 24 of Directive 2004/38 provides:

‘1. Subject to such specific provisions as are expressly provided for in the [FEU] Treaty and secondary law, all Union citizens residing on the basis of this Directive in the territory of the host Member State shall enjoy equal treatment with the nationals of that Member State within the scope of the Treaty. The benefit of this right shall be extended to family members who are not nationals of a Member State and who have the right of residence or permanent residence.

2. By way of derogation from paragraph 1, the host Member State shall not be obliged to confer entitlement to social assistance during the first three months of residence or, where appropriate, the longer period provided for in Article 14(4)(b), nor shall it be obliged, prior to acquisition of the right of permanent residence, to grant maintenance aid for studies, including vocational training, consisting in student grants or student loans to persons other than workers, self-employed persons, persons who retain such status and members of their families.’

Latvian law

12 Article 17 of Ārstniecības likums (Law on medical care, Latvijas Vēstnesis, 1997, No 167/168), in the version applicable to the dispute in the main proceedings (‘the Law on medical care’), provides:

‘1. Medical care funded by the general State budget and by the resources of the recipient of the care, according to the detailed rules defined in the Council of Ministers, shall be supplied to the following persons:

(1) Latvian nationals;

(2) Latvian non-citizens;

(3) nationals of Member States of the European Union, the European Economic Area and the Swiss Confederation residing in Latvia because of employment or self-employment, and members of their family;

(4) aliens authorised to reside permanently in Latvia;

(5) refugees and persons granted subsidiary protection;

(6) persons who are arrested, detained and sentenced to a custodial sentence.

…

3. Persons who are spouses of Latvian nationals and of Latvian non-citizens and who are in possession of a residence permit of limited duration in Latvia shall be entitled, according to the detailed rules defined in the Council of Ministers, to receive obstetric care funded by the general State budget and by the resources of the recipients of the care.

…

5. Persons not mentioned in paragraphs 1, 3 and 4 of this Article shall receive medical care in return for payment.’

The dispute in the main proceedings and the questions referred for a preliminary ruling

13 At the end of 2015 or in January 2016, A, an Italian national, left Italy and moved to Latvia in order to join his spouse, a Latvian national, and their two minor children of Latvian and Italian nationality.

14 Before his departure, A informed the competent Italian authorities of his move to Latvia. His name was therefore included in the register of Italian nationals residing abroad. It is apparent from the request for a...