16.11.2020

Official Journal of the European Union

C 390/24

(Case C-432/20)

(2020/C 390/34)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: ZK

Defendant authority: Landeshauptmann von Wien

Questions referred

1.Must Article 9(1)(c) of Directive 2003/109/EC (1) be interpreted as meaning that any physical stay, no matter how short, of a third-country national who is a long-term resident in the territory of the Community during a period of 12 consecutive months precludes loss of the status of long-term resident third-country national under this provision?

2.If the Court answers Question 1 in the negative: What qualitative and/or quantitative requirements must stays in the territory of the Community for a period of 12 consecutive months satisfy in order to preclude loss of the status of long-term resident third-country national? Do stays during a period of 12 consecutive months in the territory of the Community preclude loss of the status of long-term resident third-country national only if the third-country nationals concerned had their habitual residence or centre of interests in the territory of the Community during that period?

3.Are rules of the legal systems of the Member States, which provide for loss of the status of long-term resident third-country national where such third-country nationals resided in the territory of the Community for a period of 12 consecutive months, but had neither their habitual residence nor centre of interests there, compatible with Article 9(1)(c) of Directive 2003/109/EC?

(1) 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).