CELEX: 62010CN0425
Language: en
Date: 2010-08-31 00:00:00
Title: Case C-425/10: Reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 31 August 2010 — Barbara Szeja, Maria-Magdalena Szeja, Marlon Szeja v Land Berlin

6.11.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 301/13
            
         Reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 31 August 2010 — Barbara Szeja, Maria-Magdalena Szeja, Marlon Szeja v Land Berlin
   (Case C-425/10)
   ()
   2010/C 301/19
   Language of the case: German
   
      Referring court
   
   Bundesverwaltungsgericht
   
      Parties to the main proceedings
   
   
      Applicants: Barbara Szeja, Maria-Magdalena Szeja, Marlon Szeja
   
      Defendant: Land Berlin
   
      Questions referred
   
   
               1.
            
            
               Is the first sentence of Article 16(1) of Directive 2004/38/EC (1) to be interpreted as conferring on Union citizens who have resided legally for more than five years on the basis only of national law in the territory of a Member State, but who did not during that period fulfil the conditions laid down in Article 7(1) of Directive 2004/38/EC, a right of permanent residence in that Member State?
            
         
               2.
            
            
               Are periods of residence of Union citizens in the host Member State which took place before the accession of their Member State of origin to the European Union also to be counted towards the period of lawful residence under Article 16(1) of Directive 2004/38/EC?
            
         
      (1)  OJ 2004 L 158, p. 77.