# C_2005182EN.01003202.xml

| 23.7.2005 | EN | Official Journal of the European Union | C 182/32 |
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23.7.2005

EN

Official Journal of the European Union

C 182/32

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Reference for a preliminary ruling from the Bayerisches Verwaltungsgericht München by order of that court of 4 May 2005 in Daniel Halbritter v Freistaat Bayern

(Case C-227/05)

(2005/C 182/57)

Language of the case: German

Reference has been made to the Court of Justice of the European Communities by order of the Bayerisches Verwaltungsgericht München (Germany) of 23 May 2005, received at the Court Registry on 4 May 2005, for a preliminary ruling in the proceedings between Daniel Halbritter and Freistaat Bayern on the following questions:

| 1. | Is Article 1(2) in conjunction with Article 8(2) and (4) of Directive 91/439/EEC (1) to be interpreted as meaning that a Member State within its territory is precluded from refusing to recognise a right to drive under a driving licence issued by another Member State even where, in the territory of the first Member State, a measure withdrawing or cancelling a driving licence issued by that State has been taken against the holder of the driving licence, if the ban on obtaining a new driving licence in that Member State, with which that measure was coupled, had expired before the driving licence was issued by the other Member State and







  (a) | where the law of the first Member State is based on the premiss that evidence of fitness to drive as a substantive condition for restoration of a driving licence must be adduced in the form of a medical-psychological report specifically governed by national legislation and ordered by the authorities (which has not yet been done)
  and/or |
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1.

Is Article 1(2) in conjunction with Article 8(2) and (4) of Directive 91/439/EEC (1) to be interpreted as meaning that a Member State within its territory is precluded from refusing to recognise a right to drive under a driving licence issued by another Member State even where, in the territory of the first Member State, a measure withdrawing or cancelling a driving licence issued by that State has been taken against the holder of the driving licence, if the ban on obtaining a new driving licence in that Member State, with which that measure was coupled, had expired before the driving licence was issued by the other Member State and

1

and

(a)

where the law of the first Member State is based on the premiss that evidence of fitness to drive as a substantive condition for restoration of a driving licence must be adduced in the form of a medical-psychological report specifically governed by national legislation and ordered by the authorities (which has not yet been done)

and/or

| (b) | where under national law there is an entitlement in the territory of the first Member State to be granted the right to make use of an EU driving licence issued after the expiry of the ban if the internal reasons for the withdrawal or for the ban no longer exist? |
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(b)

where under national law there is an entitlement in the territory of the first Member State to be granted the right to make use of an EU driving licence issued after the expiry of the ban if the internal reasons for the withdrawal or for the ban no longer exist?

| 2. | Should Article 1(2) in conjunction with Article 8(2) and (4) of Directive 91/439/EEC be interpreted as meaning that, in the event of an application for a driving licence to be granted to the holder of a driving licence from another Member State being made by handing over the driving licence of that other Member State (so-called ‘reregistration’), a Member State, simply by virtue of the EU driving licence having been granted by that other Member State, is precluded from conducting a further examination of fitness — as stated by its internal law to be a condition for the grant of a licence and regulated therein — having regard to the circumstances in existence at the time that the EU driving licence was granted? |
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2.

Should Article 1(2) in conjunction with Article 8(2) and (4) of Directive 91/439/EEC be interpreted as meaning that, in the event of an application for a driving licence to be granted to the holder of a driving licence from another Member State being made by handing over the driving licence of that other Member State (so-called ‘reregistration’), a Member State, simply by virtue of the EU driving licence having been granted by that other Member State, is precluded from conducting a further examination of fitness — as stated by its internal law to be a condition for the grant of a licence and regulated therein — having regard to the circumstances in existence at the time that the EU driving licence was granted?

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

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