WRITTEN QUESTION No. 3162/98 by Mathieu GROSCH to the Commission. Sickness and care insurance for frontier workers
21. 5. 1999 EN Official Journal of the European Communities C 142/99 (1999/C 142/120) WRITTEN QUESTION E-3162/98 by Mathieu Grosch (PPE) to the Commission (19 October 1998) Subject: Sickness and care insurance for frontier workers In cases C-120/95 and C-1548/96 the Court of Justice has ruled that the principles of freedom of movement for goods and services also apply to medical treatment and services. Consider the case of a frontier worker who lives in Belgium but works in Germany where he is also insured in accordance with German law. 1. Regardless of the EU country in which the medical services are used, do the reimbursement rates always depend on the tariffs in the country where the person is insured? 2. 3. If so, does it not run counter to the judgments cited above if the social security scheme of the party insured applies the reimbursement rates only in accordance with the rules of the country of origin? Is it true that, while freedom of the market applies in accordance with the judgments of the Court of Justice cited, above frontier workers are excluded from this and will continue to be subject to EEC Regulation 1408/71? 4. If so, what action is the Commission planning to take to remedy this as soon as possible? Answer given by Mr Flynn on behalf of the Commission (16 December 1998) Under Articles 19 and 20 of Council Regulation (EEC) 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (1), frontier workers may choose to receive medical treatment in the Member State in which they reside, in accordance with the legislation of that Member State, or in the Member State in which they work, as provided for by the legislation of the latter Member State, without needing to obtain prior authorisation or being limited to services in emergencies. (1) consolidated by Council Regulation (EC) 118/97 − OJ L 28, 30. 1. 1997. (1999/C 142/121) WRITTEN QUESTION E-3163/98 by Mathieu Grosch (PPE) to the Commission (19 October 1998) Subject: Arrangements for part-time employment following pregnancy for workers in Luxembourg A Luxembourgish woman resident in Luxembourg can receive from the state of Luxembourg child allowance after the birth of her child even if she is employed on a part-time basis or if she stops working altogether. This allowance is covered by the child allowance scheme and is payable over two years. A Belgian frontier worker who is resident in Belgium and works in Luxembourg and whose wife is a Luxembourger has also applied for child allowance in Luxembourg on the grounds that his wife is still working part time. Luxembourg has referred to its rules whereby the child allowance is payable only to Luxembourgers or foreigners resident in Luxembourg. Does this contravene Regulation (EEC) 1408/71 of the Council of 14 June 1971 on the application of 1. social security schemes to employed persons and their families moving within the Community?