§ Mr. Jon Owen JonesTo ask the Secretary of State for Health pursuant to his answer of 19 May,Official Report, column 615W, on NHS treatment abroad, whether his Department has considered its position on the European Court of Justice judgment published on 13 May in case C385/99 Muller-Faure/Van Riet; and if he will make a statement. [129673]
§ Mr. Hutton[holding answer 17 September 2003]: On 1 October 2003, the High Court gave judgment in the case of Watts v. Bedford Primary Care Trust and the Secretary of State for Health. In that case, judgment was reserved explicitly in order that account could be taken by the judge of the European Court of Justice ruling in case C385/99 Muller-Faure/van Riet, which was central to the issues involved in Watts. The Department has been given permission to appeal in Watts and is currently considering whether to proceed.