Spain, ECJ and cross border care

A French citizen resident (as well as insured) in Spain have won a complaint with the European Commission due to the fact that they have not reimbursed his medical expenses for an unplanned hospital treatment. The Advocate General at the European Court of Justice found that if same reimbursement principles doesn’t apply for the Spanish citizens when they travel in Europe then that is not an acceptable restriction (would force the Spanish residents to return earlier than planned if falling ill) and therefore in bread of the freedom to provide services. That this might trigger health tourism the Advocate General finds unlikely since the conditions only apply to unplanned treatments – medical needs. One could hope this would give a hint to Spain that they must give up their fight against all types of cross border care and accept European case law.