Case C-752/22,  EP (Removal of a long-term resident): Judgment of the Court (Second Chamber) of 14 March 2024 (request for a preliminary ruling from the Korkein hallinto-oikeus – Finland) – EP v Maahanmuuttovirasto (Reference for a preliminary ruling – Immigration policy – Status of third-country nationals who are long-term residents – Directive 2003/109/EC – Articles 12 and 22 – Reinforced protection against expulsion – Applicability – Third-country national residing in the territory of a Member State other than the one which had granted him long-term resident status – Decision taken by that other Member State on grounds of public policy and public security to remove the person concerned to the Member State which had granted him that status – Temporary ban on entering the territory of that other Member State imposed by that other Member State – Breach of the obligation to apply to that other Member State for a residence permit in accordance with the provisions of Chapter III of Directive 2003/109 – Decision taken by that Member State on the same grounds to remove that third-country national to his country of origin)
Date: 2024-03-14
Institutions: Court of Justice
Subjects: EU Member State, foreign national, public safety, removal, residence permit








C_202403048EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/3048


13.5.2024






Judgment of the Court (Second Chamber) of 14 March 2024 (request for a preliminary ruling from the Korkein hallinto-oikeus – Finland) – EP v Maahanmuuttovirasto


(Case C-752/22,
                (1)
EP (Removal of a long-term resident))

(Reference for a preliminary ruling - Immigration policy - Status of third-country nationals who are long-term residents - Directive 2003/109/EC - Articles 12 and 22 - Reinforced protection against expulsion - Applicability - Third-country national residing in the territory of a Member State other than the one which had granted him long-term resident status - Decision taken by that other Member State on grounds of public policy and public security to remove the person concerned to the Member State which had granted him that status - Temporary ban on entering the territory of that other Member State imposed by that other Member State - Breach of the obligation to apply to that other Member State for a residence permit in accordance with the provisions of Chapter III of Directive 2003/109 - Decision taken by that Member State on the same grounds to remove that third-country national to his country of origin)
(C/2024/3048)
Language of the case: Finnish

Referring court

Korkein hallinto-oikeus

Parties to the main proceedings


Applicant: EP

Defendant: Maahanmuuttovirasto

Operative part of the judgment









1.


Article 22(3) 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 the reinforced protection against expulsion which third-country nationals who are long-term residents enjoy under that provision is applicable in the context of the adoption, by the second Member State, within the meaning of Article 2(d) of that directive, of a decision to remove such a third-country national from the territory of the European Union taken on grounds of public policy or public security, where, first, his or her stay on the territory of that Member State is in breach of an entry ban on that territory, and, second, he or she has not applied to the competent authorities of that Member State for a residence permit in accordance with the provisions of Chapter III of that directive.












2.


Article 12(3) and Article 22(3) of Directive 2003/109, as amended by Directive 2011/51,
must be interpreted as meaning that they allow a third-country national who is a long-term resident to rely on those provisions against the second Member State, within the meaning of Article 2(d) of that directive, where that Member State intends to take a decision to remove that third-country national from the territory of the European Union on grounds of public policy or public security.






(1)  
            OJ C 71, 27.2.2023.


ELI: http://data.europa.eu/eli/C/2024/3048/oj
ISSN 1977-091X (electronic edition)