This article looks into the emerging field of health care rights in the EU. The developments in this area seem to have come to a turning point. The EU Commission now wants to consolidate the case law of the European Court of Justice that has had a major impact upon this field of law. In order to provide a contribution to this discussion, this article highlights the shortcomings in the Court’s case law and the aspects which have to be addressed in order to improve the overall situation of EU patients seeking healthcare in other Member States.