Elchinov v Natsionalna zdravnoosiguritelna kasa: ECJ 5 Oct 2010

ECJ Social security – Freedom to provide services – Sickness insurance – Hospital treatment provided in another Member State – Prior authorisation – Conditions of application of the second subparagraph of Article 22(2) of Regulation (EEC) No 1408/71 – Methods of reimbursement to the insured person of hospital expenses incurred in another Member State – Obligation on a lower court to comply with the directions of a higher court
Held: EU law precludes a national court which is called upon to decide a case referred back to it by a higher court from being bound, in accordance with national procedural law, by legal rulings of the higher court, if it considers, having regard to the interpretation which it has sought from the Court, that those rulings are inconsistent with EU law.

V Skouris, P
[2010] EUECJ C-173/09, C-173/09, [2011] All ER (EC) 767, [2011] 1 CMLR 29
OpinionElchinov v Natsionalna zdravnoosiguritelna kasa ECJ 10-Jun-2010
ECJ Opinion – Obligation of a lower court to comply with directions on interpretation given by a higher court – Procedural autonomy – Force of res judicata – Reconsideration of the Rheinmuhlen I case-law – . .

Cited by:
CitedBaxendale Ltd and Another v Revenue and Customs FTTTx 4-Jul-2013
FTTTx PROCEDURE – striking out of proceedings – whether appellants’ case had a reasonable prospect of succeeding – abuse of process – whether Court of Appeal decision in David Baxendale was per incuriam or . .

Lists of cited by and citing cases may be incomplete.


Updated: 28 November 2021; Ref: scu.519359