# C_2010328EN.01001801.xml

| 4.12.2010 | EN | Official Journal of the European Union | C 328/18 |
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4.12.2010

EN

Official Journal of the European Union

C 328/18

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Reference for a preliminary ruling from the Landgericht Gießen (Germany) lodged on 28 September 2010 — Criminal proceedings against Baris Akyüz

(Case C-467/10)

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2010/C 328/33

Language of the case: German

Referring court

Referring court

Landgericht Gie ßen

Party to the main proceedings

Party to the main proceedings

Baris Akyüz

Questions referred

Questions referred

Are

| (a) | Article 1(2), in conjunction with the second subparagraph of Article 8(4), of Council Directive 91/439/EEC (1) of 19 July 1991 on driving licences, and |
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(a)

Article 1(2), in conjunction with the second subparagraph of Article 8(4), of Council Directive 91/439/EEC (1) of 19 July 1991 on driving licences, and

1

| (b) | Article 2(1), in conjunction with Article 11(4), of Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (recast) (2) |
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(b)

Article 2(1), in conjunction with Article 11(4), of Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (recast) (2)

2

to be interpreted as meaning:

| 1. | that they preclude a Member State (‘the host State’) from refusing to recognise, within its territory, a driving licence issued by another Member State (‘the issuing State’) in the case where the acquisition of the driving licence in the issuing State was preceded by a refusal to grant a driving licence in the host State on the ground that the physical and mental requirements for the safe driving of a motor vehicle had not been met; |
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1.

that they preclude a Member State (‘the host State’) from refusing to recognise, within its territory, a driving licence issued by another Member State (‘the issuing State’) in the case where the acquisition of the driving licence in the issuing State was preceded by a refusal to grant a driving licence in the host State on the ground that the physical and mental requirements for the safe driving of a motor vehicle had not been met;

| 2. | if Question 1 is answered in the affirmative: that they preclude a Member State (‘the host State’) from refusing to recognise, within its territory, a driving licence issued by another Member State (‘the issuing State’) in the case where the acquisition of the driving licence in the issuing State was preceded by a refusal to grant a driving licence in the host State on the ground that the physical and mental requirements for the safe driving of a motor vehicle had not been met and, on the basis of information given on the driving licence, other indisputable information from the host State, or on the basis of other indisputable facts, in particular any information provided by the holder of the driver licence himself or other indisputable facts known to the host State, it is established that there has been a breach of the rule on residence under Article 7(1)(b) of Directive 91/439/EEC and Article 7(1)(e) of Directive 2006/126/EC






  — | inasmuch as other indisputable facts, in particular any information provided by the holder of the driving licence himself or other indisputable facts known to the host State are not sufficient: that information, within the meaning of the case-law of the Court of Justice, is provided by the issuing State even in the case where that information has not been directly conveyed, but rather has been conveyed only indirectly in the form of a notification based on such information from a third party, in particular the host State’s embassy in the issuing State —; |
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2.

if Question 1 is answered in the affirmative: that they preclude a Member State (‘the host State’) from refusing to recognise, within its territory, a driving licence issued by another Member State (‘the issuing State’) in the case where the acquisition of the driving licence in the issuing State was preceded by a refusal to grant a driving licence in the host State on the ground that the physical and mental requirements for the safe driving of a motor vehicle had not been met and, on the basis of information given on the driving licence, other indisputable information from the host State, or on the basis of other indisputable facts, in particular any information provided by the holder of the driver licence himself or other indisputable facts known to the host State, it is established that there has been a breach of the rule on residence under Article 7(1)(b) of Directive 91/439/EEC and Article 7(1)(e) of Directive 2006/126/EC

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inasmuch as other indisputable facts, in particular any information provided by the holder of the driving licence himself or other indisputable facts known to the host State are not sufficient: that information, within the meaning of the case-law of the Court of Justice, is provided by the issuing State even in the case where that information has not been directly conveyed, but rather has been conveyed only indirectly in the form of a notification based on such information from a third party, in particular the host State’s embassy in the issuing State —;

| 3. | that they preclude a Member State (‘the host State’) from refusing to recognise, within its territory, a driving licence issued by another Member State (‘the issuing State’) in the case where, although the formal requirements for the issuing of a driving licence in the issuing State were fulfilled, it is nonetheless clear that the residence was solely for the purpose of acquiring a driving licence and was not for any other purposes protected by European Union law, in particular the fundamental freedoms under the TFEU, the Charter of Fundamental Rights of the European Union and the European Convention for the protection of human rights and fundamental freedoms (‘Driving licence tourism’)? |
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3.

that they preclude a Member State (‘the host State’) from refusing to recognise, within its territory, a driving licence issued by another Member State (‘the issuing State’) in the case where, although the formal requirements for the issuing of a driving licence in the issuing State were fulfilled, it is nonetheless clear that the residence was solely for the purpose of acquiring a driving licence and was not for any other purposes protected by European Union law, in particular the fundamental freedoms under the TFEU, the Charter of Fundamental Rights of the European Union and the European Convention for the protection of human rights and fundamental freedoms (‘Driving licence tourism’)?

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(1)  OJ 1991 L 237, p. 1.

1

(2)  OJ 2006 L 403, p. 18.

2

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