“Clarification Of The Concept Of 'insured Person' Under Directive 2011 ...

Op-Ed: “Clarification of the concept of ‘insured person’ under Directive 2011/24: Y v. CAK” by Pauline Melin

Pauline Melin & Pauline Melin

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After WO v Vas Megyei Kormányhivatal (C-777/18), Veselïbas ministrija (C-243/19) and TS v Casa Naţională de Asigurări de Sănătate (C-538/19) on the reimbursement of cross-border healthcare in the absence of prior authorisation, the Court of Justice was now asked to interpret the concept of ‘insured person’ under Directive 2011/24 in Y v. CAK (C-636/19). In an unsurprising judgment issued on 28 October 2021, and following the Opinion of Advocate General (AG) Rantos, the Court ruled that a person receiving a pension from one Member State and entitled to benefits in kind in the Member State of residence at the expense of the State responsible for the pension pursuant to Article 24 of Regulation 883/2004 is an ‘insured person’ under Directiv

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