EEA-family member to the UK without visa, or not?

[ca.funke]

I'm more and more confused if trips to the UK for EEA-family-members are 100% possible:

While the legal base for such trips seems to be 2004/38/EC and "The Immigration (European Economic Area) Regulations 2006", I just found the following cited in another forum:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

1.2 EEA FAMILY MEMBERS
Guidance on how to deal with non-EEA nationals seeking admission as family
members of EEA nationals is given in Chapter 7 Section 3. The carrier would, in
theory, be liable to a charge if such a person fails to produce a valid passport, family
permit, visa or residence card as required. However, where it is decided that the
person should be admitted in accordance with paragraph 5.3.2 of Chapter 7 Section
3, it would be disproportionate to impose a charge. In such cases, form IS80A should
be served on the carrier advising it that the person has arrived without the required
documents but that no charge is being imposed. If form IS80B has already been
served in such a case, the charge should be waived by service of form IS80C. Where
such a person is refused admission, it would be appropriate to impose a charge on
the carrier. However, a carrier may deny boarding to a family member who is not an EEA
national if he fails to produce the required documents. Therefore, carriers should be
advised that such a person is inadequately documented if they seek advice before
the person travels.

As this contradicts 2004/38/EC, the above should be illegal?

Any thoughts?

Regards,
Christian

[Directive/2004/38/EC]

It is a bit unclear what this is saying. Especially your highlighted portion.

For the purposes of this discussion, how do you assert it contradicts 2004/38/EC?

[ca.funke]

For the purposes of this discussion, how do you assert it contradicts 2004/38/EC?

I was convinced that it's legal AND possible to enter the UK, as an EEA-family-member, without visa, because of the following provisions:

>>2004/38/EC<<, Article 5 Section 4:

Where a Union citizen, or a family member who is not a national of a Member State, does not have the necessary travel documents or, if required, the necessary visas, the Member State concerned shall, before turning them back, give such persons every reasonable opportunity to obtain the necessary documents or have them brought to them within a reasonable period of time or to corroborate or prove by other means that they are covered by the right of free movement and residence.

Together with >>The Immigration (European Economic Area) Regulations 2006<<

11
(4) Before an immigration officer refuses admission to the United Kingdom to a person under this regulation because the person does not produce on arrival a document mentioned in paragraph (1) or (2), the immigration officer must give the person every reasonable opportunity to obtain the document or have it brought to him within a reasonable period of time or to prove by other means that he is—
(a)(...)
(b)a family member of an EEA national with a right to accompany that national or join him in the United Kingdom; or
(...)

However, the above can only work if you can physically get to the UK, which they try to make impossible by advising airlines not to transport the passenger (as per first post).

If one is legally allowed to enter, is the UK allowed to advise the airlines otherwise, and "serve" this silly notification they mention?