Category: immigration

Ziolkowski and others v Land Berlin (Vertreter des Bundesinteresses beim Bundesverwaltungsgericht intervening); (Joined Cases C-424/10 and C-425/10);  [2011] WLR (D)  387

“A Union citizen who had been resident for more than five years in the territory of the host member state on the sole basis of the national law of that member state could not be regarded as having acquired the right of permanent residence pursuant to article 16(1) of Directive 2004/38 if, during that period of residence, he did not satisfy the conditions laid down in article 7(1) of the Directive concerning the need to be a worker or to be self-supporting. Periods of residence completed by a national of a non‑member state in the territory of a member state before the accession of the non‑member state to the European Union, in the absence of specific provisions in the Act of Accession, had to be taken into account for the purpose of the acquisition of the right of permanent residence pursuant to article 16(1) of the Directive, provided those periods were completed in compliance with the conditions laid down in article 7(1).”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk