Judgment of the Court (Grand Chamber) of 21 December 2011 (reference for a preliminary ruling from the Bundesverwaltungsgericht — Germany) — Tomasz Ziolkowski (C-424/10), Barbara Szeja, Maria-Magdalena Szeja, Marlon Szeja (C-425/10) v Land Berlin

(Joined Cases C-424/10 and C-425/10) (1)

(Freedom of movement for persons - Directive 2004/38/EC - Right of permanent residence - Article 16 - Legal residence - Residence based on national law - Period of residence completed before the accession to the European Union of the State of origin of the citizen concerned)

2012/C 49/14

Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings

Applicants: Tomasz Ziolkowski (C-424/10), Barbara Szeja, Maria-Magdalena Szeja, Marlon Szeja (C-425/10)

Defendant: Land Berlin

Intervener: Vertreter des Bundesinteresses beim Bundesverwaltungsgericht

Re:

Reference for a preliminary ruling — Bundesverwaltungsgericht — Interpretation of Article 16(1), first sentence, of 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 2004 L 158, p. 77) — Union citizen having resided lawfully, in compliance with the law of the host Member State, for more than five years in that State, but never having satisfied, during his period of residence, the conditions laid down in Article 7 of Directive 2004/38/EC — Concept of ‘lawful residence’ — Period of residence which amounts to five years only if periods completed before the date of accession of the Member State of origin of the person concerned to the European Union are taken into account — Determination of the period of residence necessary in order to acquire a right of permanent residence

Operative part of the judgment

(1)  OJ C 301, 6.11.2010.