# C_2006281EN.01001802.xml

| 18.11.2006 | EN | Official Journal of the European Union | C 281/18 |
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18.11.2006

EN

Official Journal of the European Union

C 281/18

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Reference for a preliminary ruling from the Verwaltungsgericht Chemnitz (Germany) lodged on 8 August 2006 — Peter Funk v Stadt Chemnitz

(Case C-343/06)

(2006/C 281/29)

Language of the case: German

Referring court

Verwaltungsgericht Chemnitz

Parties to the main proceedings

Applicant: Peter Funk

Applicant:

Defendant: Stadt Chemnitz

Defendant:

Question(s) referred

| 1. | Is a Member State permitted, in conformity with Article 1(2) and Article 8(2) and (4) of Council Directive 91/439/EEC (1) of 29 July 1991, 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of the foreign EU driving licence has previously, in the territory of the first Member State, had his driving licence withdrawn or cancelled for some reason? |
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1.

Is a Member State permitted, in conformity with Article 1(2) and Article 8(2) and (4) of Council Directive 91/439/EEC (1) of 29 July 1991, 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of the foreign EU driving licence has previously, in the territory of the first Member State, had his driving licence withdrawn or cancelled for some reason?

1

If not:

| 2. | Are the combined provisions of Article 1(2) and Article 8(2) and (4) of Directive 91/439/EEC 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of the foreign EU driving licence has previously, in the territory of the first Member State, had his driving licence withdrawn by the administrative authority where the law of the first Member State considers that in the case of administrative measures for the withdrawal or cancellation of a driving licence there is no ban on its reissue and where entitlement to the reissue of a driving licence does not arise until the person concerned has provided evidence of aptitude to drive as a material prerequisite for the reissue of the driving licence in the form of a medical/psychological report regulated in more detail under national law, on an order by the administrative authority? |
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2.

Are the combined provisions of Article 1(2) and Article 8(2) and (4) of Directive 91/439/EEC 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 by the administrative authority where the law of the first Member State considers that in the case of administrative measures for the withdrawal or cancellation of a driving licence there is no ban on its reissue and where entitlement to the reissue of a driving licence does not arise until the person concerned has provided evidence of aptitude to drive as a material prerequisite for the reissue of the driving licence in the form of a medical/psychological report regulated in more detail under national law, on an order by the administrative authority?

If not:

| 3. | Are the combined provisions of Article 1(2) and Article 8(2) and (4) of Directive 91/439/EEC 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 by the administrative authorities and where 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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3.

Are the combined provisions of Article 1(2) and Article 8(2) and (4) of Directive 91/439/EEC 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 by the administrative authorities and where 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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