Judgment_paragraph 62 · European Commission v Portuguese Republic (C-255/09)

62Although the rules at issue do not directly prevent the patients concerned from approaching providers of medical services established in another Member State, the prospect of financial loss in the event of refusal by the national health system to meet the medical costs as a result of an unfavourable administrative decision is per se clearly liable to deter them (see, to that effect, Kohll, paragraph 35; Smits and Peerbooms, paragraph 69; and Müller-Fauré and van Riet, paragraph 44). The complexity of the authorisation procedure, which is manifested in particular in its three-stage arrangement, constitutes an additional deterrent factor as regards turning to cross-border healthcare services.

European Commission v Portuguese Republic (C-255/09)

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