Reference for a preliminary ruling from House of Lords (United Kingdom) lodged on 23 July 2008 — The Queen (on the application of M) (FC) v Her Majesty's Treasury and two other actions

(Case C-340/08)

(2008/C 260/13)

Language of the case: English

Referring court

House of Lords

Parties to the main proceedings

Applicant: The Queen (on the application of M) (FC)

Defendant: Her Majesty's Treasury and two other actions

Question referred

Does Article 2(2) of Council Regulation (EC) No 881/2002 (1) apply to the provision by the State of social security or social assistance benefits to the spouse of a person designated by the Sanctions Committee established pursuant to United Nations Resolution 1267 (1999) on the ground only that the spouse lives with the designated person and will or may use some of the money to pay for goods and services which the latter will consume or from which he will benefit?

(1)  Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan (OJ L 139, p. 9).