# C_2006261EN.01001102.xml

| 28.10.2006 | EN | Official Journal of the European Union | C 261/11 |
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28.10.2006

EN

Official Journal of the European Union

C 261/11

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Reference for a preliminary ruling from the Verwaltungsgericht Chemnitz (Germany) lodged on 3 August 2006 — Manfred Seuke v Landkreis Mittlerer Erzgebirgskreis

(Case C-335/06)

(2006/C 261/20)

Language of the case: German

Referring court

Verwaltungsgericht Chemnitz

Parties to the main proceedings

Applicant: Steffen Schubert

Applicant:

Defendant: Landkreis Mittlerer Erzgebirgskreis

Defendant:

Questions referred

| 1. | Is a Member State permitted, in conformity with Article 1(2) and Article 8(2) and (4) of Directive 91/439/EEC, to require a holder of a driving licence issued in another Member State to apply to the national authority of the first Member State for recognition of the right to drive in its territory where the holder of the foreign EU driving licence has previously, in the territory of the first Member State, had his driving withdrawn or cancelled for some reason?
  If not: |
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1.

Is a Member State permitted, in conformity with Article 1(2) and Article 8(2) and (4) of Directive 91/439/EEC, to require a holder of a driving licence issued in another Member State to apply to the national authority of the first Member State for recognition of the right to drive in its territory where the holder of the foreign EU driving licence has previously, in the territory of the first Member State, had his driving withdrawn or cancelled for some reason?

If not:

| 2. | Are the combined provisions of Article 1(2) and Article 8(2) and (4) of Directive 91/439/EEC (1) to be interpreted as meaning that a Member State within its territory may refuse to recognise a right to drive under a driving licence issued by another Member State where the holder of the foreign EU driving licence has previously, in the territory of the first Member State, had his driving licence withdrawn or cancelled for some reason, if the ban on the issue of a new driving licence in that Member State, with which that measure was coupled, had expired before the driving licence was issued in the other Member State and if it is to be concluded on the basis of objective evidence (non-residence in the Member State issuing the driving licence or the failure of an application for the national driving licence to be restored) that the only reason for acquiring the foreign EU driving licence was to circumvent the strict substantive requirements of national procedure for the restoration of a driving licence, particularly the need for a medical/psychological report? |
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2.

Are the combined provisions of Article 1(2) and Article 8(2) and (4) of Directive 91/439/EEC (1) to be interpreted as meaning that a Member State within its territory may refuse to recognise a right to drive under a driving licence issued by another Member State where the holder of the foreign EU driving licence has previously, in the territory of the first Member State, had his driving licence withdrawn or cancelled for some reason, if the ban on the issue of a new driving licence in that Member State, with which that measure was coupled, had expired before the driving licence was issued in the other Member State and if it is to be concluded on the basis of objective evidence (non-residence in the Member State issuing the driving licence or the failure of an application for the national driving licence to be restored) that the only reason for acquiring the foreign EU driving licence was to circumvent the strict substantive requirements of national procedure for the restoration of a driving licence, particularly the need for a medical/psychological report?

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(1)  OJ L 237, p. 1.

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