§ Lord Jenkin of Rodingasked Her Majesty's Government:
What effect, if any, the judgments of the European Court of Justice in the cases of Nicholas Decker v. Caisse de Maladie des Employés Privés (Case C-120/95) and Raymond Kohll v. Union des Caisses de Maladie, whereby it has been held that Community nationals may obtain medical treatment in another member state and be reimbursed by their home state, will have on NHS patients and private patients in the United Kingdom. [HL1938]
§ The Minister of State, Department of Health (Baroness Jay of Paddington)These were judgments on two cases brought to the European Court of Justice concerning respectively the purchase of spectacles and access to orthodontic treatment in other member states by two persons insured in Luxembourg. The Luxembourg authorities refused to reimburse the litigants the costs involved, up to the levels applying in Luxembourg, on the grounds that a national law requiring prior authorisation by the national authorities had not been complied with. The Court found that the national legislation in question contravened the rights concerning free movement of goods and freedom to provide services contained in the Treaty establishing the European Community. Under European Community regulations, nationals of a European Union member state may already, under certain conditions, obtain medical treatment in another member state, and have the costs covered by their home country according to the terms applying in the host state. We are considering the implications of these two cases for these regulations and for United Kingdom practice.