62

In view of the declaratory nature of the long-term resident’s EU residence permit already noted in paragraph 58 of the present judgment, even if the third-country national concerned is able to submit such a permit that is still valid to the second Member State, that Member State may find it necessary, particularly when processing an application for renewal of a residence permit granted pursuant to the provisions of Chapter III of Directive 2003/109, to examine whether the continuing nature of the right to long-term resident status is not to be called into question on one of the grounds for loss of that long-term resident status referred to in Article 9 of that directive.

63

Any such challenge is, however, subject to a finding by the second Member State that there is sufficiently specific and consistent evidence that one of those grounds may apply in the case before it.

64

As regards, in particular, the ground referred to in the second subparagraph of Article 9(4) of Directive 2003/109, the fact that, on the date on which the particular individual’s application is lodged, more than six years have elapsed since he or she arrived in the territory of that Member State or since his or her first residence permit was obtained in that Member State pursuant to the provisions of Chapter III of that directive is indicative of such a loss and could justify the second Member State checking that entitlement to that status has been maintained.

65

In the sixth place, where such evidence exists, the second Member State is required to carry out two types of further checks with regard specifically to the ground relating to loss of the right to long-term resident status provided for in the second subparagraph of Article 9(4) of Directive 2003/109.

66

First, in order to determine whether that provision is applicable, the second Member State must take account of the fact that any physical presence of the person concerned in the territory of the first Member State during the six-year period, even if it does not exceed, during that period, a total duration of only a few days, is sufficient to prevent the loss of that person’s right to long-term resident status (see, by analogy, with regard to Article 9(1)(c) of Directive 2003/109, judgment of 20 January 2022, Landeshauptmann von Wien (Loss of long-term resident status), C‑432/20, EU:C:2022:39, paragraph 47).

67

That interpretation of the second subparagraph of Article 9(4) of Directive 2003/109 is based, in particular, on the need, highlighted above in paragraph 53 of the present judgment, to guarantee the third-country nationals concerned appropriate legal certainty in connection with the rules governing the procedure for the examination of the application for long-term resident status (see, to that effect, judgment of 20 January 2022, Landeshauptmann von Wien (Loss of long-term resident status), C‑432/20, EU:C:2022:39, paragraphs 38 to 40).

68

Consequently, the presence, even for a very short time, of the third-country national concerned in the territory of the first Member State during the six-year period referred to in that provision has the effect of interrupting the limitation period laid down by that provision and a new six-year period starting to run, each time, from the date on which that third-country national ceases to be present in the territory of the first Member State.