Language of document :

Reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 31 August 2010 - Tomasz Ziolkowski v Land Berlin

(Case C-424/10)

Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings

Applicant: Tomasz Ziolkowski

Defendant: Land Berlin

Questions referred

Is the first sentence of Article 16(1) of Directive 2004/38/EC 1 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?

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?

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1 - OJ 2004 L 158, p 77.