Access to European Union law
<a href="https://eur-lex.europa.eu/content/help/eurlex-content/experimental-features.html" target="_blank">More about the experimental features corner</a>
Choose the experimental features you want to try
EUR-Lex
Access to European Union law

This document is an excerpt from the EUR-Lex website

You are here
Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search

Document 62016CN0424

    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

    OJ C 350, 26.9.2016, p. 19–19 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    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

    Top