Cross-border access to healthcare and entitlement to complementary ‘Vanbraekel reimbursement’

Comments on the European Court of Justice decision in European Commission v Spain (C-211/08), which considered whether the notion of complementary "Vanbraekel-reimbursement" of cross-border healthcare costs extended to situations involving unforeseen treatment.

Reviews the facts of the case and the court's approach to whether Spain's limitations on reimbursement was inconsistent with Regulation 1408/71 art.22(1) and a restriction on the freedom to provide services. Criticises key elements of the court's conclusions and reasoning, and explains why the outcome of the case is surprising.