Kernrechtsfrage
Whether the child could rely on the Free Movement Agreement and Regulation 1408/71 to obtain medical measures despite lacking Swiss insurance conditions for foreign nationals.
Extrahierter Entscheid
Yes. As a family member of an EU worker, the respondent fell within the personal scope of Regulation 1408/71; orthodontic treatment for a congenital condition qualified as a sickness benefit, so nationality-based refusal was barred by non-discrimination.
Extrahierte Begründung
The court followed BGE 133 V 320 and held that, where the material benefit falls under the Regulation, equal treatment under Art. 3 applies and Swiss nationals in the same situation would be entitled to the treatment.