# C_2014315EN.01002201.xml

| 15.9.2014 | EN | Official Journal of the European Union | C 315/22 |
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15.9.2014

EN

Official Journal of the European Union

C 315/22

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Judgment of the Court (Third Chamber) of 17 July 2014 (request for a preliminary ruling from the Tribunale di Verona (Italy)) — Shamim Tahir v Ministero dell’Interno and Questura di Verona

(Case C-469/13) (1)

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((Reference for a preliminary ruling - Area of freedom, security and justice - Directive 2003/109/EC - Articles 2, 4(1), 7(1) and 13 - ‘Long-term resident’s EU residence permit’ - Terms for conferring long-term resident status - Legal and continuous residence in the host Member State for five years prior to the submission of the permit application - Person with family connections to the long-term resident - More favourable national provisions - Effects))

2014/C 315/32

Language of the case: Italian

Referring court

Referring court

Tribunale di Verona

Parties to the main proceedings

Parties to the main proceedings

Applicant: Shamim Tahir

Applicant:

Defendants: Ministero dell’Interno and Questura di Verona

Defendants:

Operative part of the judgment

Operative part of the judgment

| 1. | Articles 4(1) and 7(1) of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, as amended by Directive 2011/51/EU of the European Parliament and of the Council of 11 May 2011, must be interpreted as meaning that family members, as defined in Article 2(e) of that directive, of a person who has already acquired long-term resident status may not be exempted from the condition laid down in Article 4(1) of that directive, under which, in order to obtain that status, a third-country national must have resided legally and continuously in the Member State concerned for five years immediately prior to the submission of the relevant application. |
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1.

Articles 4(1) and 7(1) of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, as amended by Directive 2011/51/EU of the European Parliament and of the Council of 11 May 2011, must be interpreted as meaning that family members, as defined in Article 2(e) of that directive, of a person who has already acquired long-term resident status may not be exempted from the condition laid down in Article 4(1) of that directive, under which, in order to obtain that status, a third-country national must have resided legally and continuously in the Member State concerned for five years immediately prior to the submission of the relevant application.

| 2. | Article 13 of Directive 2003/109, as amended by Directive 2011/51, must be interpreted as not allowing a Member State to issue family members, as defined in Article 2(e) of that directive, with long-term residents’ EU residence permits on terms more favourable than those laid down by that directive. |
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2.

Article 13 of Directive 2003/109, as amended by Directive 2011/51, must be interpreted as not allowing a Member State to issue family members, as defined in Article 2(e) of that directive, with long-term residents’ EU residence permits on terms more favourable than those laid down by that directive.

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(1)  OJ C 52, 22.2.2014.

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