Judgment of the Court (Grand Chamber) of 15 June 2010 — European Commission v Kingdom of Spain

(Case C-211/08) (1)

(Failure of a Member State to fulfil obligations - Article 49 EC - Social security - Hospital care needed during a temporary stay in another Member State - Lack of right to assistance from the competent institution to supplement that of the institution of the Member State of stay)

2010/C 221/03

Language of the case: Spanish

Parties

Applicant: European Commission (represented by: E. Traversa and R. Vidal Puig, acting as Agents)

Defendant: Kingdom of Spain (represented by: J.M. Rodríguez Cárcamo, Agent)

Interveners in support of the defendant: Kingdom of Belgium (represented by M. Jacobs and L. Van den Broeck, Agents), Kingdom of Denmark (represented by J. Bering Liisberg and R. Holdgaard, Agents), Republic of Finland (represented by A. Guimaraes-Purokoski, Agent), United Kingdom of Great Britain and Northern Ireland (represented by H. Walker, Agent and M. Hoskins, Barrister)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 49 EC and Article 22(1)(a)(i) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ 1971 L 149, p. 2) — Non-reimbursement of hospital costs incurred abroad — Exceptional circumstances

Operative part of the judgment

The Court:

(1)  OJ C 197, 2.8.2008.