(Reference for a preliminary ruling– Area of freedom, security and justice– Immigration policy– Directive 2003/109

12The relevant provisions of national law are set out in the Bundesgesetz über die Niederlassung und den Aufenthalt in Österreich (Niederlassungs- und Aufenthaltsgesetz– NAG) (Law on establishment and residence) of 16August 2005 (BGBl. I, 100/2005), in the version applicable to the dispute in the main proceedings (‘the NAG’).

13Paragraph2(7) of the NAG is worded as follows:

‘Short stays in Austria and abroad, in particular for the purpose of visits, do not interrupt the duration of residence or establishment giving rise to or terminating the right to a residence permit.…’

14Paragraph20 of the NAG, entitled ‘Duration of validity of residence permits’, provides, in paragraphs3 and 4:

‘(3)Holders of a “long-term resident– EU” residence permit… shall– without prejudice to the limited period of validity of the document corresponding to these residence permits– be established permanently in Austria. This document is to be issued for a period of five years and… is to be renewed, upon application, even after expiry…

(4)A residence permit under subparagraph3 shall expire if the foreign national resides outside the territory of the [European Economic Area (EEA)] for more than 12 consecutive months. Having regard to particular considerations, such as serious illness, fulfilment of a social obligation or performance of a service comparable with compulsory military service or community service, a foreign national may reside outside the territory of the EEA for up to 24months, if he or she has informed the authorities thereof in advance. Where the foreign national has a legitimate interest, the competent authority shall declare, upon application, that the residence permit has not expired. It is for the foreign national to prove that he or she resides in the territory of the EEA.

…’