70Secondly, it should be borne in mind that, according to the case-law of the Court, public health establishments and infrastructures may be subject to planning. That may include prior authorisation for the establishment of new service providers, where this proves indispensable for filling in possible gaps in access to public health services and for avoiding the duplication of structures, so as to ensure the provision of public health care which is adapted to the needs of the population, which covers the entire territory and which takes account of geographically isolated or otherwise disadvantaged regions (see, by analogy, Case C-157/99 Smits and Peerbooms [2001] ECR I-5473, paragraphs 76 to 80; Case C-372/04 Watts [2006] ECR I-4325, paragraphs 108 to 110; and Hartlauer, paragraphs 51 and 52).
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