# C_2010221EN.01001602.xml

| 14.8.2010 | EN | Official Journal of the European Union | C 221/16 |
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14.8.2010

EN

Official Journal of the European Union

C 221/16

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Reference for a preliminary ruling from the Landgericht Baden-Baden (Germany) lodged on 10 May 2010 — Staatsanwaltschaft Baden-Baden v Leo Apelt

(Case C-224/10)

()

2010/C 221/26

Language of the case: German

Referring court

Referring court

Landgericht Baden-Baden

Parties to the main proceedings

Parties to the main proceedings

Applicant: Staatsanwaltschaft Baden-Baden

Applicant:

Defendant: Leo Apelt

Defendant:

Questions referred

Questions referred

| 1. | With due regard for Article 5(1)(a) of Directive 91/439/EEC (1), which provides for licences for category D to be issued only to drivers already entitled to drive vehicles in category B, may a Member State refuse, in accordance with Article 1 and Article 8(2) and (4) of that Directive, to recognise the validity of a driving licence issued by another Member State for categories B and D — particularly with respect to category D — if the holder of that driving licence was granted the right to drive vehicles in category B before the right to drive was withdrawn by a court in the first Member State, whereas the right to drive vehicles in category D was not granted until after that withdrawal and after the expiry of the period simultaneously set before a new licence might be issued? |
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1.

With due regard for Article 5(1)(a) of Directive 91/439/EEC (1), which provides for licences for category D to be issued only to drivers already entitled to drive vehicles in category B, may a Member State refuse, in accordance with Article 1 and Article 8(2) and (4) of that Directive, to recognise the validity of a driving licence issued by another Member State for categories B and D — particularly with respect to category D — if the holder of that driving licence was granted the right to drive vehicles in category B before the right to drive was withdrawn by a court in the first Member State, whereas the right to drive vehicles in category D was not granted until after that withdrawal and after the expiry of the period simultaneously set before a new licence might be issued?

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| 2. | If the first question is answered in the negative:
  May the first Member State refuse to recognise the aforementioned driving licence — particularly with respect to the right to drive vehicles in category D — in application of Article 11(4) of Directive 2006/126/EC (2), according to which a Member State is required to refuse to recognise the validity of a driving licence issued by another Member State to a person whose driving licence has been withdrawn in the territory of the former Member State, if the right to drive vehicles in category B was granted on 1 March 2006 and the right to right to drive vehicles in category D was granted on 30 April 2007 and the driving licence was issued on the latter date? |
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2.

If the first question is answered in the negative:

May the first Member State refuse to recognise the aforementioned driving licence — particularly with respect to the right to drive vehicles in category D — in application of Article 11(4) of Directive 2006/126/EC (2), according to which a Member State is required to refuse to recognise the validity of a driving licence issued by another Member State to a person whose driving licence has been withdrawn in the territory of the former Member State, if the right to drive vehicles in category B was granted on 1 March 2006 and the right to right to drive vehicles in category D was granted on 30 April 2007 and the driving licence was issued on the latter date?

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(1)  Council Directive 91/439/EEC of 29 July 1991 on driving licences (OJ 1991 L 237, p. 1).

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(2)  Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (OJ 2006 L 403, p. 18).

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