Zorgverzekeraar CZ is not a contracting authority

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Boot Advocaten brought proceedings against health insurer CZ in which the question was submitted to the preliminary relief judge whether CZ is a contracting authority. The court ruled that this was indeed the case (Court of Zeeland-West-Brabant 19 June 2014).

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The Court Den Bosch (Court of Appeal 's-Hertogenbosch 12 May 2015) ruled on appeal that CZ is not a contracting authority. Whether CZ is a contracting authority depends on whether CZ aims to meet needs in the general interest, other than of a commercial nature. Because, according to the Court, CZ operates under normal market conditions, has a profit motive and bears economic risk, CZ meets needs of a commercial nature and, according to the Court, it cannot therefore be regarded as a contracting authority.

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It remains to be seen whether the aforementioned judgment of the Court of Appeal of Den Bosch will be perpetuated in future jurisprudence.

In another procedure before the Arnhem-Leeuwarden Court of Appeal, Boot Advocaten also argued that health insurers are contracting authorities. During this procedure, it became too hot under the feet of the health insurer in question and therefore reached a settlement with the care provider.

 

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