CELEX: 62010CA0502
Language: en
Date: 2012-10-18 00:00:00
Title: Case C-502/10: Judgment of the Court (Third Chamber) of 18 October 2012 (reference for a preliminary ruling from the Raad van State — Netherlands) — State Secretary van Justitie v Mangat Singh (Directive 2003/109/EC — Status of third-country nationals who are long-term residents — Scope — Article 3(2)(e) — Residence based on a formally limited permit)

8.12.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 379/4
            
         Judgment of the Court (Third Chamber) of 18 October 2012 (reference for a preliminary ruling from the Raad van State — Netherlands) — State Secretary van Justitie v Mangat Singh
   (Case C-502/10) (1)
   
   (Directive 2003/109/EC - Status of third-country nationals who are long-term residents - Scope - Article 3(2)(e) - Residence based on a formally limited permit)
   2012/C 379/06
   Language of the case: Dutch
   
      Referring court
   
   Raad van State
   
      Parties to the main proceedings
   
   
      Applicant: Staatssecretaris van Justitie
   
      Defendant: Mangat Singh
   
      Re:
   
   Reference for a preliminary ruling — Raad van State — Interpretation of Article 3(2)(e) of 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) — Concept of a ‘formally limited residence permit’ — Residence permit not offering any prospect of a residence permit of indefinite duration, but which can be extended indefinitely
   
      Operative part of the judgment
   
   Article 3(2)(e) of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents must be interpreted as meaning that 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, that being a matter for the referring court to ascertain.
   
      (1)  OJ C 346, 18.12.2010.