In Joined Cases C‑829/21 and C‑129/22, The Court ruled that the Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, as amended by Directive 2011/51/EU of the European Parliament and of the Council of 11 May 2011, and in particular Article 22(1)(b) thereof, must be interpreted as meaning that a Member State can refuse to renew a residence permit which it granted to a third-country national pursuant to the provisions of Chapter III of that directive, as amended, on the ground, referred to in the second subparagraph of Article 9(4) of that directive, as amended, that, having been absent for a period of more than six years from the territory of the Member State that granted him or her long-term resident status, and the latter Member State not having made use of the option provided for in the third subparagraph of Article 9(4) of that directive, as amended, that third-country national is no longer entitled to maintain that status in the latter Member State, provided that the six-year period ended at the latest on the date on which the application for renewal of that permit was lodged and the third-country national had previously been invited to produce proof of his or her presence (if any) in that territory during that period.

For further information, please read the judgment of the Court from 29 June 2023.