C-157/99, Geraets-Smits and Peerboms [2001]

• Context: This case also relates to Article 56 TFEU and involves the right to cross-border healthcare, but it clarifies the limitations and qualifications of this right.

• Facts: The cases involved two Dutch patients who sought reimbursement for costly medical treatments received in Germany. Their local Dutch insurance required prior authorisation for such treatments, and the patients had not obtained this authorisation.

• Outcome: The ECJ held that the right to cross-border healthcare is qualified. For certain types of high-cost medical treatments, member states can require prior authorisation from local health insurers. This requirement is permissible as long as it does not unduly restrict the free movement of services and ensures that patients have access to necessary and cost-effective treatments.