Reference for a preliminary ruling from the Tribunal administratif (Luxembourg) lodged on 26 June 2008 — Miloud Rimoumi and Gabrielle Suzanne Marie Prick v Ministre des Affaires étrangères et de l'Immigration

(Case C-276/08)

(2008/C 236/11)

Language of the case: French

Referring court

Tribunal administratif

Parties to the main proceedings

Applicants: Miloud Rimoumi and Gabrielle Suzanne Marie Prick

Defendant: Ministre des Affaires étrangères et de l'Immigration

Question referred

Are Articles 2(2)(a), 3(1) and 7(2) of Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (1) to be interpreted as applying only to those family members who acquired that status prior to the date on which the Union citizen, whom they intend to accompany or join, exercised his/her right of free movement conferred by Article 39 of the EC Treaty, or, on the contrary, is any citizen of the Union who has exercised his/her right of free movement and become established in a Member State other than that of which that person is a national entitled to be joined by a family member, without the latter having to satisfy a condition as to the time at which he/she acquired that status?

(1)  Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 158, p. 77).