The Decker and Kohll judgments

The significance of the Decker and Kohll judgments is far-reaching. The Court ruled that social health insurance schemes, as far as the reimbursement of costs is concerned, may not make a distinction depending on whether assistance is sought in the insured’s country of residence or in another EU Member State.

The subsequent judgments – including Geraets-Smits and Peerbooms and Muller-Fauré and Van Riet – have greatly increased the possibilities of seeking medical care in other Member States of the European Union. As a consequence of these judgments, the entitlement to care and/or reimbursement of care in the Dutch Health Insurance Act is not limited to care provided in the Netherlands. Insured persons are also entitled to care and reimbursement of care in cross-border situations.