A v. Veselības ministrija, Case C-243/19, CJEU (Second Section), 29 October 2020

Application by a Jehovah's Witness parent for authorization to be transferred to the hospital of another Member State where the operation of his minor child could be performed without blood transfusion.

Regulation (EC) no. 883/2004, relating to the coordination of social security systems 

Directive 2011/24 / EU, on the application of patients' rights relating to cross-border healthcare 

1. Article 20 of Regulation (EC) no. 883/2004, relating to the coordination of social security systems, read in the light of Article 21 of the Charter of Fundamental Rights of the European Union, does not prevent the Member State of residence of the insured from refusing to grant the latter the authorization provided for in Article 20 of this regulation if, in that Member State, hospital treatment is available whose clinical efficacy is not in question, but the religious convictions of that insured person are contrary to the method of treatment used.

2. Article 8 of Directive 2011/24 / EU, on the application of patients' rights in cross-border healthcare, read in the light of Article 21 of the Charter of Fundamental Rights of the European Union, prevents the Member State of affiliation of a patient refuses to grant the authorization provided for in Article 8 of that directive if, in that Member State, hospital treatment is available whose clinical efficacy is not in question, but that patient's religious beliefs are contrary to the method of treatment used, unless such refusal is objectively justified by a legitimate purpose of maintaining health facilities or medical skills, and constitutes an adequate and necessary means to achieve this purpose.