Fédération des maisons de repos privées de Belgique (Femarbel) ASBL v Commission communautaire commune de Bruxelles-Capitale – WLR Daily

Posted July 16th, 2013 in EC law, freedom of movement, health, law reports, social services by sally

Fédération des maisons de repos privées de Belgique (Femarbel) ASBL v Commission communautaire commune de Bruxelles-Capitale (Case C-57/12); [2013] WLR (D) 278

“On the proper interpretation of article 2(2)(f) of Parliament and Council Directive 2006/123/EC of 12 December 2006 on services in the internal market, the exclusion of healthcare services from the scope of the Directive covered any activity intended to assess, maintain or restore the state of health of patients, where that activity was carried out by healthcare professionals recognised as such by the member state concerned, regardless of the ways in which the facilities in which that care was provided were organised and financed or whether they were public or private. On the proper interpretation of article 2(2)(j) the exclusion of social services from the scope of that Directive included any activity relating, inter alia, to the care and assistance of elderly persons, where that activity was carried out by a private service provider which has been mandated by the state by means of an act conferring, in a clear and transparent manner, a genuine obligation to provide such services under specific conditions.”

WLR Daily, 11th July 2013

Source: www.iclr.co.uk