61In paragraph 45 of Inizan the Court thus held, referring by analogy to paragraph 103 of Smits and Peerbooms and paragraph 89 of Müller-Fauré and van Riet, that the second condition set out in the second subparagraph of Article 22(2) of Regulation No 1408/71 is not satisfied whenever it is apparent that treatment which is the same or equally effective for the patient can be obtained without undue delay in his Member State of residence.
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