Official Journal of the European Union

C 379/4

(Case C-502/10) (<span class="super">1</span>)

(Directive 2003/109/EC - Status of third-country nationals who are long-term residents - Scope - Article 3(2)(e) - Residence based on a formally limited permit)

2012/C 379/06

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: Staatssecretaris van Justitie

Defendant: Mangat Singh

Re:

Reference for a preliminary ruling — Raad van State — Interpretation of 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 (OJ 2004 L 16, p. 44) — Concept of a ‘formally limited residence permit’ — Residence permit not offering any prospect of a residence permit of indefinite duration, but which can be extended indefinitely

Operative part of the judgment

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 permit [which] has been formally limited’ does not include a fixed-period residence permit, granted to a specific group of persons, the validity of which may be extended indefinitely without however offering any prospect of a residence permit of indefinite duration where such a formal limitation does not prevent the long-term residence of the third country national in the Member State concerned, that being a matter for the referring court to ascertain.

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Language of the case: Dutch.