12.4.2021 |
EN |
Official Journal of the European Union |
C 128/7 |
Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats Amsterdam (Netherlands) lodged on 24 November 2020 — E.K. v Staatssecretaris van Justitie en Veiligheid
(Case C-624/20)
(2021/C 128/09)
Language of the case: Dutch
Referring court
Rechtbank Den Haag, zittingsplaats Amsterdam
Parties to the main proceedings
Applicant: E.K.
Defendant: Staatssecretaris van Justitie en Veiligheid
Questions referred
1. |
Is it within the competence of the Member States to determine whether the right of residence on the basis of Article 20 TFEU is in itself of a temporary or a non-temporary nature, or should it be interpreted in conformity with Union law? |
2. |
If interpretation must be in conformity with Union law, does a distinction [then] exist, when applying Directive 2003/109/EC, (1) between the various dependents’ residence rights to which third-country nationals are entitled on the basis of Union law, including the dependent’s right of residence granted to a family member of a Union citizen on the basis of the Residence Directive and the right of residence on the basis of Article 20 TFEU? |
3. |
Is the right of residence on the basis of Article 20 TFEU, which by its nature depends on the existence [of] a relationship of dependency between the third-country national and the Union citizen and is therefore finite, of a temporary nature? |
4. |
If the right of residence on the basis of Article 20 TFEU is of a temporary nature, must Article 3(2)(e) of the Directive [then] be interpreted as precluding national legislation which only excludes residence permits issued under national law from acquiring long-term residence status within the meaning of the Directive? |
(1) 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).