http://www.bailii.org/eu/cases/EUECJ/2010/C16209_O.html
opinion of the advocate general, recommending the court find in favour of Lassal:
VIII Conclusion
# On the basis of the foregoing considerations, I propose to the Court that it answer the question referred as follows:
Article 16 of Directive 2004/38/EC of the European Parliament and the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC is to be interpreted as meaning that a Union citizen who resided legally for a continuous period of five years in a host Member State, before expiry of the period for transposition of the directive on 30 April 2006, has a right of permanent residence, in so far as she was not absent from that Member State for a period exceeding two consecutive years.
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