Answer given by Ms Kyriakides on behalf of the European Commission
27.2.2020
1. The Commission refers the Honourable Member to its reply to the Parliament resolution of 12 February 2019 [1] and its triennial report on the implementation of the directive 2011/24/EU[2]. These confirm that the Commission is concerned that challenges remain for patients to benefit from their rights to seek treatment in another Member State. The Commission will therefore continue its structured dialogues with Member States as a matter of priority in particular as regards the use of prior authorisation and simplification of reimbursement conditions. The Commission also can decide to launch infringement procedures against those Member States that fail to comply with the directive’s provisions. However, the application of the directive’s provisions in individual cases is a matter for national courts with the possibility and the obligation if they decide in the last instance to request the Court of Justice in the European Union for a preliminary ruling[3].
2. The Commission will continue to monitor compliance with the directive and the application of national measures to ensure patient rights to cross-border healthcare. The next triennial report on the implementation of the directive is due by October 2021. Furthermore, the Commission will carry out an evaluation of the directive’s performance by the end of 2023. The Commission will consider whether further steps are necessary on the basis of the results of this evaluation.