Ziolkowski on permanent right to reside

The CJEU has just given judgment in Case C-424/10 Ziolkowski

The judgment is here: http://curia.europa.eu/juris/document/document.jsf?text=&docid=117190&pageIndex=0&doclang=en&mode=req&dir;=&occ=first&part=1&cid=352202

The case concerned A8 nationals resident in Germany prior to accession of their states to the EU. The questions were whether residence lawful under national law could count and also whether residence prior to accession could count.

The Court appear to have ruled that:

1. To count for the purposes of acquiring the permanent right of residence, residence must be in accordance with some provision of Directive 2004/38 (eg as a worker etc). Residence legal merely under national law does not count.

2. However, in applying that to periods when a person was in an EU state prior to the accession of their state to the EU then if the person, had they been an EU national at that time, would have counted as a worker or whatever that residence does count towards the 5 years.

A useful case and contrary to much of the previously decided UK caselaw.