Judgment_paragraph 35 · Olaitan Ajoke Alarape and Olukayode Azeez Tijani v Secretary of State for the Home Department (C-529/11)

35As regards the conditions which must be satisfied by the Union citizen, it must be observed that, in relation to Article 16(1) of Directive 2004/38, the Court has held, after an examination of the aims of that directive and its overall and specific context, that the concept of legal residence implied by the words ‘have resided legally’ in Article 16(1) of Directive 2004/38 should be construed as meaning a period of residence which complies with the conditions laid down in that directive, in particular those set out in Article 7(1) thereof, and consequently a period of residence which complies with the law of a Member State but does not satisfy the conditions laid down in Article 7(1) of Directive 2004/38 cannot be regarded as ‘legal’ residence within the meaning of Article 16(1) (Joined Cases C-424/10 and C-425/10 Ziolkowski and Szeja [2011] ECR I-14035, paragraphs 46 and 47).

Olaitan Ajoke Alarape and Olukayode Azeez Tijani v Secretary of State for the Home Department (C-529/11)

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