yes, the denial is a violation of eu law, If you had made it to the Schenger Border, you must be allowed entry under Schengen Rules that apply to EU family members..
The Rules the airlines follow are given to them from IATA/TIMATIC, and IATA claim to provide these based upon EU law. But don't
What you have here is a deliberate policy to deny Lawful rights by making airline staff become immigration officers that don't follow immigration law. I raised this with IATA many years ago, and they ignore their wrong, and never reply.
http://register.consilium.europa.eu/doc ... 006%20INIT
Brussels, 06/XI/2006 C (2006) 5186 final
"Practical Handbook for Border Guards (Schengen Handbook)"
to be used by Member States' competent authorities when carrying out the border
control of persons
In case a third-country national, member of the family of an EU/EEA/CH citizen, is not in
possession of the required visa but can prove his/her identity as well as the family tie with
the EU/EEA/CH citizen, and if there is no evidence to establish that he/she represents a
risk to the requirements of public policy, public security or public health of the Member
States, a visa must be issued to him/her at the border. Such a visa must be issued for free
Airline Immigration Rules provided by IATA (TIMATIC)
Spain (ES)
Visa Exemptions:
- Passengers with a family member residence card issued by
Bulgaria, Croatia, Cyprus, Ireland (Rep.), Romania or United
Kingdom. The card must be issued to family members of a
national of Switzerland or an EEA Member State.
They are visa exempt for a maximum stay of 90 days and must
travel with or travel to join the national of Switzerland or
EEA Member State. This does not apply to passengers with a
different type of residence permit.
