Facts
A., born in 1935, is a Dutch national residing in Switzerland and receiving a Dutch old-age pension. She is registered with the Joint Institution KVG (GE KVG) for international benefits assistance under the applicable EU coordination law.
On December 25, 2017, A. traveled to the United Arab Emirates for vacation. Two days later, on December 27, 2017, she underwent a knee examination at Hospital B. in Dubai. The reimbursement of the corresponding treatment costs of just under CHF 100 claimed in the Netherlands was rejected by the competent Dutch authority.
In August 2018, A. contacted the GE KVG and requested the assumption of the treatment costs incurred in Dubai. This was rejected by the GE KVG.
Considerations
The Federal Supreme Court partially upholds the appeal. It concludes that the GE KVG is obliged, within the framework of benefits in kind assistance under the provisions of Regulation (EC) No 883/2004 on the coordination of social security systems, to assume the treatment costs incurred in Dubai, provided that an emergency within the meaning of Art. 36 para. 2 of the Health Insurance Ordinance…