The complainant alleged that France is failing to adhere to its obligations under the European Social Charters. They stated that children and young adults did not have adequate access to educational services. Further, it was alleged that the provisions for early intervention, teacher training, funding and accessibility of mainstream education was insufficient. It was also …Read more

This case concerns a referral from the Centrale Raad van Beroep (the Netherlands Court of Appeal) to the European Court of Justice from two conjoined cases for the correct interpretation and application of Articles 59 and 60 of the EC Treaty (which relate to the freedom of services throughout the EU). Both cases concern Dutch …Read more

S, a Netherlands national, was born in 1986. S suffered from Duchenne Muscular Dystrophy (DMD), a disease characterized by progressive muscle degeneration, loss of the ability to walk and often the loss of lung or cardiac functions. S was unable to stand, walk, or lift his arms and his manual and digital functions were virtually …Read more

The People’s Deputies of Ukraine requested the Constitutional Court to issue an official interpretation of Article 49 paragraph 3 of the Constitution of Ukraine which states “in state and communal health protection, institutions medical care is provided free of charge.”  Article 93 paragraph 1 of the Law of Ukraine empowers the People’ Deputies to bring …Read more

A medical provider was accused of having provided unnecessary medical services paid for by the mandatory healthcare and benefits insurance regime of Belgium, in violation of Article 73 of the Law relating to mandatory healthcare and benefits insurance (“Healthcare Law”), which prohibited the provision of unnecessarily expensive or superfluous services. The medical provider contested the …Read more

The Constitutional Court was asked to determine whether the appellant (Government) was required to give effect, pending an appeal, to an order of the High Court which directed it to make the drug nevirapine available to mothers and their newborn babies in public health facilities under certain circumstances and conditions. The order concerned the programme …Read more

The government of South Africa developed a national public health program to address mother-to-child transmission of HIV. The purpose of the program was to offer HIV-positive pregnant women nevirapine, a drug that prevents the transmission of HIV at birth, free of charge. The program was, however, limited in scope. It only offered nevirapine at certain …Read more

Applicant Mr. Zdzislaw Nitecki was a Polish national diagnosed with amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig’s disease, in 1976. In June 1999, he was prescribed the drug Rilutek to treat his ALS. He appealed to the Kujawsko-Pomorski Health Insurance Fund (“Fund”) to reimburse his out-of-pocket costs, noting that, as a pensioner, he …Read more

The Union of Belgian Medical Specialists requested the annulment of certain Belgian laws passed in 1998 regarding medical costs and insurance.