CELEX: 62016CN0424
Language: en
Date: 2016-08-01 00:00:00
Title: Case C-424/16: Reference for a preliminary ruling from Supreme Court of the United Kingdom (United Kingdom) made on 1 August 2016 — Secretary of State for the Home Department v Franco Vomero

26.9.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 350/19
            
         Reference for a preliminary ruling from Supreme Court of the United Kingdom (United Kingdom) made on 1 August 2016 — Secretary of State for the Home Department v Franco Vomero
   (Case C-424/16)
   (2016/C 350/24)
   Language of the case: English
   
      Referring court
   
   Supreme Court of the United Kingdom
   
      Parties to the main proceedings
   
   
      Applicant: Secretary of State for the Home Department
   
      Defendant: Franco Vomero
   
      Questions referred
   
   
               1.
            
            
               Whether enhanced protection under article 28.3(a) (1) depends upon the possession of a right of permanent residence within article 16 and article 28.2.
               If the answer to question one is in the negative, the following questions are also referred:
            
         
               2.
            
            
               Whether the period of residence for the previous ten years, to which article 28(3)(a) refers, is
               
                           a.
                        
                        
                           a simple calendar period looking back from the relevant date (here that of the decision to deport), including in it any periods of absence or imprisonment,
                        
                     
                           b.
                        
                        
                           a potentially non-continuous period, derived by looking back from the relevant date and adding together period(s) when the relevant person was not absent or in prison, to arrive, if possible, at a total of ten years’ previous residence,
                        
                     
         
               3.
            
            
               What the true relationship is between the ten year residence test to which article 28(3)(a) refers and the overall assessment of an integrative link.
            
         
      (1)  Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.
   
      OJ L 158, p. 77