Brick Court Chambers

News & Events

‘One of the super-sets’, Brick Court Chambers is ‘an all-round strong’ set with ‘a large selection of high-quality competition law specialists’, ‘top commercial counsel’, ‘an excellent chambers for banking litigation’, and a ‘go-to’ set for public administrative law.
The Legal 500 2020
The clerks’ room ‘sets the benchmark’ for other sets with its ‘friendly, knowledgeable, and hardworking’ clerks.
The Legal 500 2020
"An outstanding commercial set with a track record of excellence across its core areas of work."
Chambers & Partners 2018
"A set that is singled out for its "first-rate" clerking and "client service-oriented, commercial approach."

Hospital forum-shopping: ECJ clarifies conditions for reimbursement of expenses


In yesterday's judgment in C-268/13 Petru, the Court of Justice of the EU clarified  the conditions which must be met for a patient to obtain the reimbursement from her home State of certain medical expenses incurred in another Member State. On a reference from a Romanian court, the CJEU was asked to consider the interpretation of Article 22(2) of Regulation 1408/71 on social security schemes governing authorisation for such reimbursement.

The CJEU held that the authorisation necessary under Article 22(1)(c)(i) for reimbursement cannot be refused where it is because of a lack of medication and basic medical supplies and infrastructure such that the hospital care concerned cannot be provided in good time in the home State. The question as to whether that is impossible or not must be determined by reference to all the hospital establishments in the home State that are capable of providing the treatment in question and by reference to the period within which the treatment could be obtained in good time.

The judgment is here.

The ECJ press release is here.

Margaret Gray was counsel for the United Kingdom.