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Case C-432/20: Judgment of the Court (Third Chamber) of 20 January 2022 (request for a preliminary ruling from the Verwaltungsgericht Wien — Austria) — ZK (Reference for a preliminary ruling — Area of freedom, security and justice — Immigration policy — Directive 2003/109/EC — Article 9(1)(c) — Loss of the status of long-term resident third-country national — Absence from the territory of the European Union for a period of 12 consecutive months — Interruption of that period of absence — Irregular and short-term stays in the territory of the European Union)
ECLI:EU:UNKNOWN:62020CA0432
62020CA0432
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14.3.2022
Official Journal of the European Union
C 119/13
(Case C-432/20) (<span class="oj-super oj-note-tag">1</span>)
(Reference for a preliminary ruling - Area of freedom, security and justice - Immigration policy - Directive 2003/109/EC - Article 9(1)(c) - Loss of the status of long-term resident third-country national - Absence from the territory of the European Union for a period of 12 consecutive months - Interruption of that period of absence - Irregular and short-term stays in the territory of the European Union)
(2022/C 119/17)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: ZK
Intervener: Landeshauptmann von Wien
Operative part of the judgment
Article 9(1)(c) 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 any physical presence of a long-term resident in the territory of the European Union during a period of 12 consecutive months, even if such a presence does not exceed, during that period, a total duration of only a few days, is sufficient to prevent the loss, by that resident, of his or her right to long-term resident status under that provision.
(<span class="oj-super">1</span>) OJ C 390, 16.11.2020.
* * *
Language of the case: German.