Example of a project concerning the right of patients
Our firm advised an association of patients whose members included a group of haemophiliacs residing in Luxembourg. These patients benefited from healthcare in a hospital in Germany following a prior authorization granted by the Luxembourg social security. Back in their home countries, they sought the reimbursement of the drugs purchased in bulk in Germany. These medicines had been prescribed by a doctor established in Germany. The question arose of whether the Luxembourg authorities were allowed to refuse the reimbursement on the ground that these products were also available in Luxembourg, even though they were cheaper in Germany. The answer depends on whether one decides to submit himself/herself to the rules of Regulation 883/2004 on the coordination of social security systems or to the rules included in Directive 2011/24 on cross-border healthcare.