C-372/04, Watts [2006]

Context: This case concerns Article 56 TFEU, which deals with the free movement of services, specifically in the context of cross-border healthcare.

• Facts: A UK citizen, Ms. Watts, sought a hip replacement surgery in France because the NHS in the UK was unable to provide the treatment within a reasonable time. She sought reimbursement from the NHS for the costs incurred in France.

• Outcome: The European Court of Justice (ECJ) ruled that the UK could refuse reimbursement if it could demonstrate that the treatment could be provided at home without undue delay. The Court established that while there is a right to cross-border healthcare, member states are not obligated to reimburse costs if the treatment could have been timely provided domestically.

• Key Points:

◦ Right to Cross-Border Healthcare: The ruling confirms that patients have a right to seek healthcare in another member state and potentially claim reimbursement.

◦ Undue Delay: Member states can deny reimbursement if they can show that the treatment could have been provided in the home country within an acceptable timeframe, without undue delay.

◦ Impact on Free Movement of Services: This case highlights the balance between ensuring patient access to timely treatment and the capacity of national health systems to manage resources effectively.