response from EC

[tigerfeet]

I had this letter from the EC , it tells us nothing new but shows someone else is on the case.

EUROPEAN COMMISSION DIRECTORATE-GENERAL JUSTICE, FREEDOM AND SECURITY   Directorate C : Civil justice, rights and citizenship Unit C3 : Citizenship and fundamental rights Head of Unit

 

I refer to your complaint concerning the announcement by the French authorities that your right to CMU comprehensive health insurance will be withdrawn with effect from 1 April 2008.

Following contacts made by the Commission with the relevant authorities, the French authorities have provided their observations on the matter at hand.

The French authorities make reference to Circular No.DSS/DACP2007/418 of 23 November 2007 relating to the couverture maladie universelle de base (CMU) and to the couverture maladie universelle compl6mentaire (CMUc) of EU citizens, EEA citizens and Swiss nationals who are residing or who wish to reside in France as inactive persons, students or job seekers. The circular provides that in order to benefit from the CMU system, a Union citizen who is inactive or a student must reside in France in a regular manner: in order to be considered 'regular' he/she must comply with the two conditions laid down in Directive 2004/38/EC, namely having a comprehensive sickness insurance cover and having sufficient resources not to become a burden on the host Member State.

The French authorities have also provided clarification with regard to the position of EU citizens who were already beneficiaries of the CMU system prior to 23 November 2007.

The French authorities explain that the above-mentioned circular provides that such persons will, by virtue of the fact that they have been de facto recognised to be residing in France in a regular manner, continue to be covered by the CMU system. This is without prejudice to the fact that in order to benefit from the CMU, such persons must have a stable residence in France and must not be covered by another obligatory health insurance scheme.

The Circular lays down that in the case of inactive EU citizens, the Caisses Primaires d'Assurance Maladie (CPAM) will examine whether such EU citizens:

a) have acquired the right to permanent residence in France after 5 years of legal and continuous residence there. If the Prefecture is satisfied that the conditions for permanent residence have been met, such persons will be entitled to the CMU by virtue of their permanent residence in France; or

Commission europdenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) 299 1111. Office: LX46-01/131. Telephone., direct line (32-2) 2995602. Fax: (32-2) 2967623.

b) are entitled to an old-age pension in France in case of previous employment there and have reached the age of 60 years. In this case an old-age pension gives such persons right to French sickness insurance cover; or

c) are entitled to an old-age pension in their country of origin or in another Member State of the EU. In this case, they will be asked to be in possession of the E 121 form so that their sickness insurance  will be paid by the Member State which owes them the pension.

If none of these situations subsists, the inactive persons concerned will continue to be entitled to French health insurance via the CMU system.

This would appear to resolve the problem with regard to EU citizens who were beneficiaries of the CMU system prior to 23 November 2007.

With regard to the exclusion from the CMU foreseen under the new French legislation for 'future' inactive Union citizens in France, the Commission will proceed with its analysis of the matter by requesting further information from the French authorities in the context of its examination of the French legislation transposing Directive 2004/38/EC and the application of Regulation (EC) No 1408/71 by the French authorities.

Yours sincerely,

Ernesto BIANCHI

 

[Chancer]

[quote user="tigerfeet"]

 The circular provides that in order to benefit from the CMU system, a Union citizen who is inactive or a student must reside in France in a regular manner: in order to be considered 'regular' he/she must comply with the two conditions laid down in Directive 2004/38/EC, namely having a comprehensive sickness insurance cover and having sufficient resources not to become a burden on the host Member State.

[/quote]

 

They must have been reading catch 22 when interpreting the EU law.

In order to benefit from CMU you must have comprehensive sickness cover thus negating the need to benefit!

Very craftily done.

[Sunday Driver]

I think that's more an error on the part of Mr Bianchi when summarising the conditions of the DSS circular....

 

[Chancer]

Nah!

I know a conspiracy when I smell one!

Paranoid, me? It's just that they are all out to get me[:D]

[Sunday Driver]

We've got your friend, Yossarian......