Opinion of the Advocate General — ECLI:EU:C:2012:294
Date: 2012-05-15
Language of the case: Dutch
Subject matter: Immigration and asylum policy;Area of freedom, security and justice
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary – Judgment of the Court (Third Chamber), 18 October 2012 1. European Union law – Interpretation – Provision making no express reference to the law of the Member States – Independent and uniform interpretation 2. Border controls, asylum and immigration – Immigration policy – Status of third‑country nationals who are long-term residents – Directive 2003/109 – Residence excluded from its scope – Residence based on a formally limited permit – Concept – Fixed-period residence permit granted to a specific group of persons and extended indefinitely – Exclusion from the concept (Council Directive 2003/109, Art. 3(2)(e)) 1. See the text of the decision. (see paras 42, 44) 2. Article 3(2)(e) of Directive 2003/109 concerning the status of third-country nationals who are long-term residents must be interpreted as covering two cases, namely, first, that of third-country nationals who reside solely on temporary grounds and, second, that of third-country nationals whose residence permits have been formally limited. In that regard, the concept of ‘residence permit which has been formally limited’ does not include a fixed-period residence permit, granted to a specific group of persons, the validity of which may be extended indefinitely without however offering any prospect of a residence permit of indefinite duration where such a formal limitation does not prevent the long-term residence of the third-country national in the Member State concerned. Article 3(2) of that directive excludes from its scope residence of third‑country nationals which, whilst lawful and of a possibly continuous nature, does not prima facie reflect any intention on the part of such nationals to settle on a long-term basis in the territory of the Member States. Accordingly, the fact that a residence permit contains a formal restriction does not in itself give any indication as to whether that third‑country national might settle on a long-term basis in the Member State, notwithstanding the existence of such a restriction. Thus, a formally limited residence permit within the meaning of national law, but whose formal limitation does not prevent the long-term residence of the third‑country national concerned, cannot be classified as a formally limited residence permit within the meaning of Article 3(2)(e) of Directive 2003/109, as otherwise the achievement of the objectives pursued by the Directive, which is aimed primarily at the integration of third-country nationals who are settled on a long-term basis in the Member States, would be jeopardised and, therefore, that directive would be deprived of its effectiveness. (see paras 38, 45, 47-50, 51, 56, operative part)