24.10.2009   

EN

Official Journal of the European Union

C 256/13

1.

If a European Union citizen, present in a Member State of which she is not a national, was, prior to the transposition of Directive 2004/38/EC (1), the holder of a residence permit validly issued pursuant to Article 4(2) of Directive 68/360/EEC (2), but was for a period of time during the currency of the permit voluntarily unemployed, not self-sufficient and outside the qualifications for the issue of such a permit, did that person by reason only of her possession of the permit, remain during that time someone who ‘resided legally’ in the host Member State for the purpose of later acquiring a permanent right of residence under Article 16(1) of Directive 2004/38/EC?

2.

If five years’ continuous residence as a worker prior to 30 April 2006 does not qualify to give rise to the permanent right of residence created by Article 16(1) of Directive 2004/38/EC, does such continuous residence as a worker give rise to a permanent right of residence directly pursuant to Article 18(1) of the EU Treaty on the grounds that there is a lacuna in the Directive?