Directive 2004/38 applies without exception to all EU member states plus Norway, Iceland, Liechtenstein and Switzerland.
Remember a very recent ruling from the European Court of Justice about this against Ireland, which upset the Danes as well!
flyboy wrote:As Sakura mentioned, the UK, Ireland, Denmark don't participate in it.
Here's the link to the Directive and have a look at point 25 and 26 iin the beginning:
http://eur-lex.europa.eu/LexUriServ/Lex ... 053:EN:PDF
25) In accordance with Articles 1 and 2 of the Protocol on
the position of the United Kingdom and Ireland, annexed
to the Treaty on European Union and to the Treaty
establishing the European Community, and without
prejudice to Article 4 of the said Protocol, these Member
States are not participating in the adoption of this Directive
and are not bound by or subject to its application.
(26) In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark, annexed to the Treaty on
European Union and the Treaty establishing the European
Community, Denmark does not take part in the
adoption of this Directive, and is not bound by it or
subject to its application,