Head of Unit
Secretariat‐General
Unit SG.A.3 - Transparency & Ethics
European Commission

 

Dear Ms X,

On 2 December 2025, the Ombudsman received a query from the Ombudswoman of the Republic of Croatia concerning health insurance for citizens and permanent residents of Croatia studying in other EU countries.  

The Croatian Ombudswoman has been receiving complaints from students and families of students pursuing their studies abroad in relation to the loss of their Croatian health insurance. In essence, it appears that any citizen or permanent resident leaving Croatia for more than a year (and with less than three months of annual presence) is required to register temporary leave from Croatia. This is the case of many students who study in another EU Member State. However, since 2023, the registration of such temporary leave has automatically resulted in the loss of Croatian health insurance, and this independently of personal circumstances.[1]

For those studying in another Member State, losing Croatian health insurance means not being able to use a Croatian-issued European Health Insurance Card (EHIC) when abroad, and thus having to cover for one’s health insurance in the country of study. This appears to create serious administrative and financial obstacles for students. In parallel, Croatian citizens and permanent residents studying in Croatia continue to benefit from health insurance covered by the state budget.

The Croatian Ombudswoman has raised this issue with national authorities. In the view of her Office and of the experts she has consulted, the situation could be in breach of the right to free movement, the Social Security Coordination Regulations,[2] and case law of the Court of Justice of the EU.

Based on this query and on subsequent exchanges with the Croatian Ombudswoman, we would like to ask the Commission to reply to the following questions:

A. Could the Commission please address the concerns, and the legal considerations raised in the query (and attached legal opinion) sent by the Croatian Ombudswoman?

In replying to the query, could the Commission please also address the following aspects:

B. In what circumstances and under what conditions can a Member State change its rules on residency, including temporary leave, for the purposes of Directive 2004/38/EC and Regulations 883/2004 and 987/2009?

C. Are Member States required to ensure that one or more of the indicative factors laid down in Article 11 of Regulation 987/2009 are taken into account before determining the residency of one of its nationals or those with the right to permanent residency within its territory?

D. Could the amendment to the Croatian Mandatory Health Insurance Act introduced in 2023 amount to a restriction on the right to free movement by placing at a disadvantage some students simply because they have exercised their right to free movement, in line with the case-law of the EU Courts?

We would appreciate it if the Commission could respond to this query and the questions above by 13 February 2026, if possible, so that we can forward the reply to the Croatian Ombudswoman.

A copy of this letter, and of the Commission’s reply, will be made available on the Ombudsman’s website.

Yours sincerely,

Rosita Hickey
Director of Inquiries

Strasbourg, 12/01/2026

 

 

[1] Such as still having permanent stay in Croatia, or independently of the reasons for which one has temporarily left the country (e.g. study, work, medical treatment, etc.).

[2] Regulation 883/2004 on the coordination of social security systems, available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32004R0883 ; and Regulation 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004, available at: https://eur-lex.europa.eu/eli/reg/2009/987/oj/eng