Mrs Geraets-Smits claimed the refusal of reimbursement for treatment for Parkinson's disease in Kassel, which she believed was better than that available in the Netherlands by focusing on individual symptoms, was contrary to TFEU article 56.

The Court of Justice held that member states could organise their social security systems, if it was compatible with EU law rules.

However the restrictions in these cases could be justified in the interests of maintaining social security's financial balance, or essential health reasons under TFEU article 52.

[...] 80 From both those perspectives, a requirement that the assumption of costs, under a national social security system, of hospital treatment provided in another Member State must be subject to prior authorisation appears to be a measure which is both necessary and reasonable.

Therefore, in order for a prior administrative authorisation scheme to be justified even though it derogates from such a fundamental freedom, it must, in any event, be based on objective, non-discriminatory criteria which are known in advance, in such a way as to circumscribe the exercise of the national authorities' discretion, so that it is not used arbitrarily (Analir and Others, paragraph 38).