Where and how can I legally challenge this issue:
Short version: after 12 months and 4 appointments the French authorities refused to give a carte de séjour to my spouse. I am an EU citizen, working in France as a research fellow (post-doc fellow) in a big university. My spouse is a non-EU citizen. According to EU regulations:
To obtain a residence card, they will need:
- a valid passport
- your registration certificate as an EU national or any other proof of your residence in the country
- proof of the family relationship with you (such as a marriage or birth certificate)
The authorities should make their decision to issue a residence card or not within 6 months.
During the first appointment with French authorities, they took all the documents, checked, took fingerprints etc, gave a temporary residence card with a duration of 6 months and gave us another appointment for after 6 months (at the préfecture de police) together with a récépissé allowing us to wait unil the issue of the actual card.
We went after 6 months and they asked again for all the documents. We said that no one told us to bring again all the documents with us, and they gave us another appointment, 3 months after.
We went to the third appointment armed with all documents (the same as with the first appointment). They checked and said that the documents are not enough. They asked for (1) proof of health insurance for both me and my spouse, (2) apartment/rental insurance, and (3) bank statements of our savings and gave us a new appointment 3 months after (so, 12 months after the original appointment). When I protested that is illegal to ask for the extra 3 documents they replied "that's your problem, not ours".
Anyway, we went on the fourth appointment with all documents (certified again, since they need the documents to be no older than 3 months) and the worker finally told that our file was complete and that my spouse should get a carte de séjour. However, there is nothing that he can do because his boss (the head of the agency) decided not to give us on the grounds that I am a *student*. I said I am a PostDoc and she replied "irrelevant". I asked how this is relevant and she went away. They gave us an appointment again in 3 months (so, in total, 15 months after the first one) to bring again the same documents and see then what can happen.
We did not attend the last appointment as we have relocated elsewhere (I applied for and got another academic position in another EU country that gave my spouse the residence card within 30 minutes).
I made a case on SOLVIT (online EU complain platform). They answered within 6 months with a historical account of the process that was completely inaccurate in many places (to put it politely). They did not offer apologies, not even acknowledging the fact that according to EU regulations, all these are illegal. They said than we should get the carte de sejour on our next appointment. I replied with a point-by-point rebuttal together with evidence on all the inaccuracies and I informed that that I want to take the legal road to resolve the issue. I got a reply that the French authorities do not want to pursue the matter further and the case is closed.
How can I make a legal case against this obvious case of misuse of power and ignoring the straightforward EU regulations? Is there any way to sue this particular agency and ask for compensation (we had to relocate because of that)? Is there anything else that can be done to avoid this unnecessary (the regulations are pretty clear) situation?