In the light of recent case law on access of economically non-active EU citizens to certain social benefits and related recent developments the Commission still has concerns of compliance with EC law of the fact that affiliation with the United Kingdom (UK) public healthcare scheme NHS is not considered as comprehensive sickness insurance for economically non-active EU citizens for the purposes of Article 7(1)(b) of the Free Movement Directive. However, the Commission is still assessing their exact impact on this particular infringement. As regards the possible amicable solution, it remains open for the UK to amend their rules to comply with the requests made by the Commission in its reasoned opinion in this case.