Loading, please wait...
68 judgments found.


Case 562/13

Country: Belgium
Year: 2014
Court: Grand Chamber
Citation: C-562/13. Centre public d’action sociale d’Ottgnies-Louvain-la-Neuve v. Moussa Abdida
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

Mr. Abdida, a Niegrian national, was in Belgium seeking asylum from torture and inhuman treatment. While in Belgium, he suffered from a serious illness and submitted an application to reside in Belgium on medical grounds. The application was accepted, and he began receiving social assistance from the Public Social Action Centre of Ottignies-Louvain-la-Neuve (“CPAS”). In 2011, …Read more

Tags: Access to health care, Access to treatment, Asylum, Emergency care, Health expenditures, Health funding, Health spending, Immigrants, Immigration, Migrants, Refugees
Download Judgment: English French

Case 2010-060

Country: Belgium
Year: 2010
Court: Constitutional Court [Court Constiutionelle]
Citation: No. 4742. C. C., n°2010-060, 27 May 2010
Health Topics: Health systems and financing, Hospitals
Human Rights: Right to work
Facts:

Six applicants brought forth a plea challenging the constitutionality of Article 50 of a 2008 law concerning diverse healthcare matters. The applicants sought to annul the modified “reference amounts” system introduced by Article 50. Three of the applicants, the Groupement des Unions professionelles belges de Médecins specialistes, the Association Belge des Syndicats Médicaux, and the …Read more

Tags: Budget, Health expenditures, Health facilities, Health regulation, Health spending, Public hospitals
Download Judgment: French Flemish

Case 2010-040

Country: Belgium
Year: 2010
Court: Constitutional Court [Court Constiutionelle]
Citation: No. 4859. C. C., n°2010-040
Health Topics: Occupational health, Tobacco
Human Rights: Freedom from discrimination, Right to favorable working conditions
Facts:

The applicants were three companies selling pre-packaged food items. They challenged the constitutionality of a 2009 law that restricted smoking in publically accessible closed spaces, for the protection of non-smokers and workers in such establishments. The law generally required that establishments either ban smoking or install smoking rooms. Establishments where the primary activity was serving …Read more

Tags: Occupational health and safety, Safe working conditions, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: French Flemish

Case 2010-018f

Country: Belgium
Year: 2010
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2010-018f, 25 February 2010
Health Topics: Health systems and financing, Occupational health
Human Rights: Freedom from discrimination, Right to due process/fair trial
Facts:

This case was about the difference in treatment provided by the law between civil servants and employees as concerned expenses incurred by claims relating to social security. The Anvers Court of Appeal asked the Constitutional Court about the validity of article 1017, paragraph 2, of the Belgian Judicial Code in regard to articles 10 and …Read more

Tags: Employment, Occupational health and safety, Social security, Workers' compensation
Download Judgment: English French Flemish

Case 2010-068

Country: Belgium
Year: 2010
Court: Constitutional Court [Court Constiutionelle]
Citation: No. 4733. C. C., n°2010-068, 10 June 2010
Health Topics: Sexual and reproductive health
Facts:

The applicant ASBL is an activist organization dedicated to the promotion of respect for human life and integrity of the person at every stage of development. The applicant group sought to annul Article 3 of a December 2008 law that allowed a wide range of human bodily material to be obtained and used for the …Read more

Tags: Assisted reproductive technology, Fertility, In vitro fertilization, Infertility
Download Judgment: French Flemish

Case 2009-002

Country: Belgium
Year: 2009
Court: Constitutional Court [Court Constitutionelle]
Citation: No. 4277 & 4278. C. C., n°2009-002
Health Topics: Environmental health
Facts:

Three telecommunications companies sought to annul an ordinance passed by the Brussels Capital Region concerning the protection of the environment against the harmful effects of non-ionizing radiation. The provisions sought to restrict the levels of non-ionizing radiation produced in the environment, particularly from telecommunications equipment. The applicants alleged that the provisions adopted by the Brussels …Read more

Tags: Environmental hazard, Radiation
Download Judgment: French Flemish

Case 2009-0023

Country: Belgium
Year: 2009
Court: Constitutional Court [Court Constiutionelle]
Citation: No. 4379 & No. 4396. C. C., n°2009-0023
Human Rights: Freedom from discrimination, Freedom of association
Facts:

Three non-profit organizations concerned with Belgian healthcare and nursing brought forward a plea seeking to annul a 2007 law relating to the representation of homecare nurses within the Conventions Committee of Nurses. At a later date, another non-profit organization brought forth a plea challenging Articles 2-5 of the 2007 law. The Constitutional Court heard both …Read more

Tags: Employment, Health care professionals, Health care workers
Download Judgment: French Flemish

Case 2009-165

Country: Belgium
Year: 2009
Court: Constitutional Court [Court Constitutionelle]
Citation: No. 4573 & 4574. C. C., n°2009-165
Health Topics: Health care and health services
Human Rights: Right to work
Facts:

The Flemish Community brought a claim against the Belgian state, challenging Article 21 of the 1967 Royal Decree (Article 21) concerning healthcare professionals. In assessing the matter, the State Board referred two interlocutory questions to the Constitutional Court. The first question was whether Article 21 unconstitutionally infringed on the jurisdiction of the Flemish Community by …Read more

Tags: Diagnostics, Employment, Examination, Health care professionals, Health care workers, Health regulation
Download Judgment: French Flemish

Case 2009-166f

Country: Belgium
Year: 2009
Court: Constitutional Court [Court Constitutionelle]
Citation: C. C., n°2009-166f, 29 October 2009
Health Topics: Health systems and financing, Medicines
Human Rights: Freedom from discrimination
Facts:

The National Institute of Health and Disability Insurance (INAMI) sued the defendant company Aktuapharma for payment of fees. The defendant company was a parallel importer, importing pharmaceutical products from other countries to Belgium. A specific brand-name drug available in Belgium might be available in another country at a cheaper price. The defendant company would import …Read more

Tags: Budget, Health funding, Health insurance, Manufacturing, Pharmaceuticals
Download Judgment: French Flemish

Case 2009-171

Country: Belgium
Year: 2009
Court: Constitutional Court [Court Constiutionelle]
Citation: No. 4611. C. C., n°2009-171
Health Topics: Health systems and financing, Medicines
Human Rights: Freedom from discrimination
Facts:

The applicant pharmaceutical company , which marketed cheaper, generic drugs, brought forward a claim against the “Institut national d’assurance maladie-invalidité” (National Institute for Health and Disability Insurance). The lower court referred a question to the Constitutional Court about whether Article 191 of the law concerning compulsory health insurance and benefits violated the principle of equality, …Read more

Tags: Generic drugs, Health funding, Health insurance, Health regulation, Pharmaceuticals, Pricing, Reimbursement, Social security
Download Judgment: French Flemish

Case 2009-181f

Country: Belgium
Year: 2009
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2009-181f, 12 November 2009
Human Rights: Freedom from discrimination, Right to family life
Facts:

The lower court referred to the Constitutional Court a question as to the constitutionality of article 1017, paragraph 4, of the Judicial Code (the “challenged article), which allowed for a judge to offset court costs between spouses, parents, siblings or relatives to the same degree, but not between parties between whom existed a family relationship …Read more

Download Judgment: English French Flemish

Case 2009-170

Country: Belgium
Year: 2009
Court: Constitutional Court [Court Constiutionelle]
Citation: No. 4607. C. C., n°2009-170, 29 October 2009
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination
Facts:

The applicants were two, non-authorized physicians registered with the Saint-Vincent-Sainte-Elisabeth Hospital Center. Non-authorized physicians, unlike authorized physicians, work in private settings and do not fall within the public national healthcare system. The applicants challenged the constitutionality of Article 46 of a 2006 law passed on health provisions, in that it treated authorized and non-authorized doctors …Read more

Tags: Access to health care, Emergency care, Examination, Health insurance, Health regulation, Out-of-pocket expenditures, Private hospitals, Public hospitals, Social security, Testing Health facilities
Download Judgment: French Flemish

Case 2008-015f

Country: Belgium
Year: 2008
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2008-015f, 14 February 2008
Health Topics: Health information
Human Rights: Right of access to information, Right to privacy
Facts:

This case concerns the right to privacy in a health care context. The Union of Belgian professional Medicine Associations sought the annulment of the Flemish Community’s decree concerning the establishment of a medical information database. It was argued that the right to private life as guaranteed in article 8 of the European Convention of Human …Read more

Tags: Disclosure, Freedom of information, Health data
Download Judgment: French Flemish

Case 2008-120f

Country: Belgium
Year: 2008
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2008-120f, 1 September 2008
Health Topics: Medicines
Human Rights: Freedom from discrimination
Tags: Intellectual property, Manufacturing, Patents, Pharmaceuticals, Pricing
Download Judgment: French Flemish

Case 2008-136f

Country: Belgium
Year: 2008
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2008-136f, 21 October 2008
Health Topics: Health systems and financing, Occupational health
Human Rights: Freedom from discrimination
Tags: Health insurance, Workers' compensation
Download Judgment: French Flemish

Case 2008-139f

Country: Belgium
Year: 2008
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2008-139f, 22 October 2008
Health Topics: Health systems and financing, Occupational health
Human Rights: Freedom from discrimination
Tags: Health insurance, Workers' compensation
Download Judgment: French Flemish

Case 2008-187

Country: Belgium
Year: 2008
Court: Constitutional Court [Court Constitutionelle]
Citation: Nos. 4408 and 4409. C. C., n°2008-187, 18 December 2008
Health Topics: Controlled substances
Facts:

The Criminal Court of Dendermonde in the Flemish Region of Belgium posed two interlocutory questions to the Belgian Constitutional Court regarding the constitutionality of Article 44 of a 1991 decree of the Flemish government relating to the practice of sport in compliance with health standards  As per Article 2 of the 1921 law concerning the …Read more

Tags: Drug abuse, Drug use, Performance-enhancing drugs
Download Judgment: French Flemish

Case 2007-114f

Country: Belgium
Year: 2007
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2007-114f, 19 September 2007
Health Topics: Health systems and financing, Medicines
Human Rights: Freedom from discrimination, Right to work
Tags: Generic drugs, Health regulation, Pharmaceuticals, Pricing, Reimbursement, Social security
Download Judgment: French Flemish

Case 2006-103f

Country: Belgium
Year: 2006
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2006-103f, 21 June 2006
Health Topics: Health systems and financing
Human Rights: Right to work
Tags: Health care professionals, Health care workers, Health insurance, Health regulation
Download Judgment: French Flemish

Case 2006-150f

Country: Belgium
Year: 2006
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2006-150f, 11 October 2006
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination, Right to health, Right to work
Tags: Health regulation, Pharmaceuticals, Pricing, Reimbursement, Social security
Download Judgment: French Flemish

Case 2006-005f

Country: Belgium
Year: 2006
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2006-005f, 11 January 2006
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination, Right to due process/fair trial
Tags: Health care professionals, Health care workers, Health insurance, Health regulation
Download Judgment: French Flemish

Case 2006-147

Country: Belgium
Year: 2006
Court: Constitutional Court [Court Constiutionelle]
Citation: No. 3842. C. C., n°2006-147, 28 September 2006
Health Topics: Occupational health
Human Rights: Right to favorable working conditions
Facts:

The region of Wallonia brought a claim before the Court challenging a 1996 Royal Decree limiting the stocking of inflammable and combustible products in the workplace. The Decree created a law to address safety concerns in stocking such products and protect the well-being of all workers in the worksite. The applicant challenged the jurisdictional validity …Read more

Tags: Industrial hygiene, Job safety, Occupational hazards, Occupational health and safety, Safe working conditions
Download Judgment: French Flemish

Case 2005-016f

Country: Belgium
Year: 2005
Court: Court constitutionnelle [Constitutional Court of Belgium]C. C., n°2005-016f, 19 January 2005
Citation: C. C., n°2005-016f, 19 January 2005
Health Topics: Health information
Tags: Confidentiality, Disclosure
Download Judgment: French Flemish

Case 2005-086

Country: Belgium
Year: 2005
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2005-086, 4 May 2005
Health Topics: Health systems and financing, Medicines
Human Rights: Freedom from discrimination
Tags: Health regulation, Pharmaceuticals, Pricing, Reimbursement, Social security
Download Judgment: French Flemish

Case 2005-147

Country: Belgium
Year: 2005
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2005-147, 28 September 2005
Health Topics: Health care and health services, Health information
Human Rights: Freedom of association
Tags: Access to health care, Access to treatment, Freedom of information, Health care professionals, Health care workers, Health data, Health education, Health promotion
Download Judgment: French Flemish

Case 2005-169

Country: Belgium
Year: 2005
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2005-169, 23 November 2005
Health Topics: Health systems and financing, Medicines
Facts:

The lower court referred to the Constitutional Court a question as to the constitutionality of certain provisions regarding the obligatory health care and compensation insurance;  the challenged provisions treated equally those pharmaceutical companies which were producing drugs of human origin and those pharmaceutical companies which were producing drugs chemically prepared or by recombination. The claimant, …Read more

Tags: Essential medicines, Health insurance, Health regulation, Pharmaceuticals, Reimbursement
Download Judgment: English French Flemish

Case 2004-107

Country: Belgium
Year: 2004
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2004-107, 16 June 2004
Health Topics: Health systems and financing
Tags: Health care professionals, Health care workers, Health regulation
Download Judgment: French Flemish

Case 2004-133f

Country: Belgium
Year: 2004
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2004-133f, 26 July 2004
Health Topics: Health systems and financing
Tags: Health care professionals, Health care workers, Health regulation
Download Judgment: French Flemish

Case 2004-073f

Country: Belgium
Year: 2004
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2004-073f, 5 May 2004
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination, Right to due process/fair trial
Tags: Health care professionals, Health care workers, Health regulation, Pharmaceuticals, Pricing, Reimbursement, Social security
Download Judgment: French Flemish
Page 1 of 3123