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Case C-624/20: Judgment of the Court (Grand Chamber) of 7 September 2022 (request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats Amsterdam — Netherlands) — E.K. v Staatssecretaris van Justitie en Veiligheid (Reference for a preliminary ruling — Directive 2003/109/EC — Status of third-country nationals who are long-term residents — Scope — Third-country national with a right of residence under Article 20 TFEU — Article 3(2)(e) — Residence solely on temporary grounds — Autonomous concept of EU law)
ECLI:EU:UNKNOWN:62020CA0624
62020CA0624
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Official Journal of the European Union
C 408/11
(Case C-624/20) (1)
(Reference for a preliminary ruling - Directive 2003/109/EC - Status of third-country nationals who are long-term residents - Scope - Third-country national with a right of residence under Article 20 TFEU - Article 3(2)(e) - Residence solely on temporary grounds - Autonomous concept of EU law)
(2022/C 408/12)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: E.K.
Defendant: Staatssecretaris van Justitie en Veiligheid
Operative part of the judgment
1.Article 3(2)(e) of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents must be interpreted as meaning that the concept of residence ‘solely on temporary grounds’, which is referred to therein, is an autonomous concept of EU law, which must be interpreted uniformly throughout the Member States.
2.Article 3(2)(e) of Directive 2003/109 must be interpreted as meaning that the concept of residence ‘solely on temporary grounds’, which is referred to therein, does not cover the residence of a third-country national under Article 20 TFEU within the territory of the Member State of which the Union citizen concerned is a national.
(1) OJ C 128, 12.4.2021.