The High Court of Cassation and Justice (“ICCJ”) has ruled that it is admissible to file for an injunction before the administrative court. More specifically, the High Court held that the plaintiff had proven the apparent existence of a legal right and established that such an action did not lead to the prejudgment of the merits of the case, and ordered the defendants to compensate a medical treatment at 100%.
The High Court has dismissed as unfounded the appeals brought by the Ministry of Health and the National Health Insurance Fund against an injunction ordering the defendants to provide the necessary medical treatment to a person diagnosed with cystic fibrosis.
The Court held that the claimant proved the appearance of entitlement, namely that his medical condition requires treatment with the requested medicines, which are not reimbursed by CNAS. That appearance of entitlement was proved by the discharge note from the Timisoara County Emergency Clinical Hospital, from which it appears that treatment with the requested medicines is necessary to maintain his health and prevent his death.
The Court also found that the there was no prejudgment on the merits of the case, since the measure ordered is provisional in nature and limited in time pending resolution of the dispute on the merits.
The injunction therefore ordered that the medicinal treatment be granted on a 100% compensation basis, but only until the substantive proceedings are finalized.
