# C_2014052EN.01002501.xml

| 22.2.2014 | EN | Official Journal of the European Union | C 52/25 |
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22.2.2014

EN

Official Journal of the European Union

C 52/25

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Request for a preliminary ruling from the Tribunale di Verona (Italy) lodged on 30 August 2013 — Shamim Tahir v Ministero dell’Interno and Questura di Verona

(Case C-469/13)

2014/C 52/44

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, Questura di Verona

Defendants:

Questions referred

Questions referred

| 1. | Is Article 7(1) of Directive 2003/109 (1) to be interpreted as meaning that the condition laid down in Article 4(1) of that directive, under which long-term residence status is dependent upon a person having resided legally and continuously in a Member State for five years, documentary evidence of which must be submitted when an application for a long-term residence permit is made, may also be satisfied by a person, other than the applicant, who has a family connection with the applicant for the purposes of Article 2(e) of the directive? |
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Is Article 7(1) of Directive 2003/109 (1) to be interpreted as meaning that the condition laid down in Article 4(1) of that directive, under which long-term residence status is dependent upon a person having resided legally and continuously in a Member State for five years, documentary evidence of which must be submitted when an application for a long-term residence permit is made, may also be satisfied by a person, other than the applicant, who has a family connection with the applicant for the purposes of Article 2(e) of the directive?

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| 2. | Is the first sentence of Article 13 of Directive 2003/109 to be interpreted as meaning that one of the more favourable terms on which Member States may issue a ‘long-term resident’s EC residence permit’ of permanent or unlimited validity is that, where a person has already acquired long-term resident status, having satisfied the pre-condition laid down in Article 4(1) of that directive, under which legal and continuous residence in the Member State concerned for five years is required, members of that person’s family for the purposes of Article 2(e) of the directive are to be deemed also to have satisfied that condition, irrespective of the length of time for which they have resided in the national territory of the Member State in which the application is submitted? |
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2.

Is the first sentence of Article 13 of Directive 2003/109 to be interpreted as meaning that one of the more favourable terms on which Member States may issue a ‘long-term resident’s EC residence permit’ of permanent or unlimited validity is that, where a person has already acquired long-term resident status, having satisfied the pre-condition laid down in Article 4(1) of that directive, under which legal and continuous residence in the Member State concerned for five years is required, members of that person’s family for the purposes of Article 2(e) of the directive are to be deemed also to have satisfied that condition, irrespective of the length of time for which they have resided in the national territory of the Member State in which the application is submitted?

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(1)  Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ 2004 L 16, p. 44).

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