The High Court has stayed a judicial review brought by Peter Flood against the Health Service Executive and referred a question about his residence status to the Court of Justice of the European Union. It did not decide whether the HSE must renew the treatment form at issue.
Mr Justice Hogan said the central question was whether Flood was resident in Ireland or Germany for the purposes of EU social security rules, which affect responsibility for medical costs. Flood sought an order requiring the HSE to continue supplying Form E112, now known as Form S1.
Flood became gravely ill while on holiday in Germany in August 2002 and has since required extensive care. The judgment says he has lived with his partner, Ioana Bachmayer, in a rented apartment in Düsseldorf since leaving hospital care in 2003. It records that he receives Irish disability allowance and a small UK occupational pension, and that he wants to return to Ireland if his health, treatment and accommodation arrangements allow.
The dispute followed an HSE decision on 25 November 2011 refusing to renew the E112 form. The judgment also records that the HSE had said it would continue to cover Flood’s healthcare costs on an ex gratia basis under an E106 form.
The judge noted that Flood had been in Germany for about 11 years, had a partner there and rented a long-term home. Those factors could point to German residence under the EU rules. But he said the case did not fit comfortably within the regulations’ usual categories: Flood had not travelled to Germany to seek scheduled treatment, and his illness had compelled him to remain near specialist care for a prolonged period.
Hogan stayed the proceedings pending an EU court ruling on whether an insured citizen who became seriously ill while on holiday in another member state, and was effectively compelled by illness and proximity to specialist care to remain there, should be regarded as “staying” there under the relevant EU provisions. The judgment says the precise reference order, consequential matters and any need for interim relief would be discussed with counsel.