The European commission has been asked to investigate whether the "postcode lottery" of NHS cancer drug funding breaks European anti-discrimination laws.

The request comes from Chris Heaton-Harris, the Conservative MEP for East Midlands, whose constituent Russ Jones has been denied NHS funding for the life-prolonging drug Sutent, although primary care trusts in some parts of the country are paying for patients to have the treatment.

Mr Jones, 63, a former headteacher from Rugby with a rare form of stomach cancer, is using his life savings to pay £3,400 a month for the drug, which he says could allow him to live months longer and improve his quality of life.

Warwickshire primary care trust is refusing to pay for the drug, saying there is insufficient evidence of its effectiveness.

Mr Jones's wife, Val, said: "The PCT have no idea of whether this will work for my husband. What I find annoying is that we have to fight and we have to pay when other people across the country aren't paying." She said they could reapply to the PCT if a scan next month showed the drug had an effect on the tumour.

Warwickshire PCT said the decision was based on medical grounds and not on the basis of cost.

Mr Heaton-Harris said: "If you're being withheld treatment because of where you live, it could be similar as being denied treatment because of your religion or colour. I can't believe that under European law you can discriminate against who can get life-enhancing cancer treatment and who can't on the basis of where they live."