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Case C-424/10: Reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 31 August 2010 — Tomasz Ziolkowski v Land Berlin
ECLI:EU:UNKNOWN:62010CN0424
62010CN0424
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6.11.2010
Official Journal of the European Union
C 301/13
(Case C-424/10)
()
2010/C 301/18
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Tomasz Ziolkowski
Defendant: Land Berlin
Questions referred
1.Is the first sentence of Article 16(1) of Directive 2004/38/EC to be interpreted as conferring on Union citizens who have resided legally for more than five years on the basis only of national law in the territory of a Member State, but who did not during that period fulfil the conditions laid down in Article 7(1) of Directive 2004/38/EC, a right of permanent residence in that Member State?
2.Are periods of residence of Union citizens in the host Member State which took place before the accession of their Member State of origin to the European Union also to be counted towards the period of lawful residence under Article 16(1) of Directive 2004/38/EC?
Language of the case: German
* * *
(1) OJ 2004 L 158, p 77.