La mobilità sanitaria in Europa: tra casi giurisprudenziali e previsioni normative. Il recente caso Petru della Corte di Giustizia

Abstract

The article, after outlining briefly the most important principles of crossborder health care right established by the Court of Justice of the European Union, aims to analyse the recent judgement of this Court on the Petru case (C-268/2013). In this decision, the European judge examines a case related to structural weaknesses (lack of medicines and medical staff) of a national health care system for the first time. In such circumstances, taking into consideration medical and pathological patient’s conditions, the State of residence cannot refuse to authorize cross-border health care.