Case C-276/08: 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
Date: 2008-06-26
Institutions: Court of Justice
Subjects: EU migration policy, European citizenship, foreign national, freedom of movement, interpretation of the law, mixed marriage, residence permit

C 236/8

EN

Official Journal of the European Union

13.9.2008

As is apparent from the wording of Article 23(2)(a) of the
Directive, that article requires a system of advance approval of
network tariffs or, in any event, of the methodologies used to
calculate them. Sweden has expressly stated that the present
Swedish rules on the calculation of network tariffs and the
criteria which network tariffs must satisfy are based on a system
in which supervision is carried out after the event, but that
inquiries are presently taking place regarding the introduction of
a new system of advance approval and that a proposal would
probably be put before parliament in June 2008.

In the abovementioned circumstances, the Commission takes
the view that Sweden has not correctly implemented Directive
2003/54/EC in its national law, in particular Articles 15(2)(b)
and (c) and 23(2)(a) thereof.

(1) OJ 2003 L 176, p. 37.

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

75/35/EEC,

90/365/EEC

90/364/EEC,

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,
and
75/34/EEC,
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
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).

64/221/EEC,

68/360/EEC,

Reference for a preliminary ruling from the Cour de
lodged on 30 June 2008 — Société
cassation (France)
Moteurs Leroy Somer v Société Dalkia France, Société
Ace Europe

(Case C-285/08)

(2008/C 236/12)

Language of the case: French

Parties to the main proceedings

Applicants: Miloud Rimoumi and Gabrielle Suzanne Marie Prick

Defendant: Ministre des Affaires étrangères et de l'Immigration

Referring court

Cour de cassation

Parties to the main proceedings

Question referred

Appellant: Société Moteurs Leroy Somer

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

Respondents: Société Dalkia France, Société Ace Europe