CELEX: 62013CA0469
Language: en
Date: 2014-07-17 00:00:00
Title: Case C-469/13: Judgment of the Court (Third Chamber) of 17 July 2014 (request for a preliminary ruling from the Tribunale di Verona (Italy)) — Shamim Tahir v Ministero dell’Interno and Questura di Verona (Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2003/109/EC — Articles 2, 4(1), 7(1) and 13 — ‘Long-term resident’s EU residence permit’  — Terms for conferring long-term resident status — Legal and continuous residence in the host Member State for five years prior to the submission of the permit application — Person with family connections to the long-term resident — More favourable national provisions — Effects)

15.9.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 315/22
            
         Judgment of the Court (Third Chamber) of 17 July 2014 (request for a preliminary ruling from the Tribunale di Verona (Italy)) — Shamim Tahir v Ministero dell’Interno and Questura di Verona
   (Case C-469/13) (1)
   
   ((Reference for a preliminary ruling - Area of freedom, security and justice - Directive 2003/109/EC - Articles 2, 4(1), 7(1) and 13 - ‘Long-term resident’s EU residence permit’ - Terms for conferring long-term resident status - Legal and continuous residence in the host Member State for five years prior to the submission of the permit application - Person with family connections to the long-term resident - More favourable national provisions - Effects))
   2014/C 315/32
   Language of the case: Italian
   
      Referring court
   
   Tribunale di Verona
   
      Parties to the main proceedings
   
   
      Applicant: Shamim Tahir
   
      Defendants: Ministero dell’Interno and Questura di Verona
   
      Operative part of the judgment
   
   
               1.
            
            
               Articles 4(1) and 7(1) 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 family members, as defined in Article 2(e) of that directive, of a person who has already acquired long-term resident status may not be exempted from the condition laid down in Article 4(1) of that directive, under which, in order to obtain that status, a third-country national must have resided legally and continuously in the Member State concerned for five years immediately prior to the submission of the relevant application.
            
         
               2.
            
            
               Article 13 of Directive 2003/109, as amended by Directive 2011/51, must be interpreted as not allowing a Member State to issue family members, as defined in Article 2(e) of that directive, with long-term residents’ EU residence permits on terms more favourable than those laid down by that directive.
            
         
      (1)  OJ C 52, 22.2.2014.