# C_2013189EN.01001402.xml

| 29.6.2013 | EN | Official Journal of the European Union | C 189/14 |
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29.6.2013

EN

Official Journal of the European Union

C 189/14

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Request for a preliminary ruling from the Verwaltungsgerichts Sigmaringen (Germany) lodged on 13 May 2013 — Sevda Aykul v Land Baden-Württemberg

(Case C-260/13)

2013/C 189/28

Language of the case: German

Referring court

Referring court

Verwaltungsgerichts Sigmaringen

Parties to the main proceedings

Parties to the main proceedings

Applicant: Sevda Aykul

Applicant:

Defendant: Land Baden-Württemberg

Defendant:

Questions referred

Questions referred

| 1. | Does the obligation concerning the mutual recognition of driving licences issued by Member States which is laid down in Article 2(1) of Directive 2006/126/EC preclude national legislation of the Federal Republic of Germany under which the right to use a foreign driving licence in Germany must be revoked ex post facto by the administrative authorities if the holder of the foreign driving licence drives a motor vehicle on that licence in Germany while under the influence of illegal drugs and thereafter under the relevant German provisions is no longer fit to drive? |
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1.

Does the obligation concerning the mutual recognition of driving licences issued by Member States which is laid down in Article 2(1) of Directive 2006/126/EC preclude national legislation of the Federal Republic of Germany under which the right to use a foreign driving licence in Germany must be revoked ex post facto by the administrative authorities if the holder of the foreign driving licence drives a motor vehicle on that licence in Germany while under the influence of illegal drugs and thereafter under the relevant German provisions is no longer fit to drive?

ex post facto

| 2. | If the answer to question 1 is in the affirmative, is this also the case where the issuing State is aware of the person in question driving while under the influence of drugs but takes no action and the risk represented by the holder of the foreign driving licence therefore persists? |
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2.

If the answer to question 1 is in the affirmative, is this also the case where the issuing State is aware of the person in question driving while under the influence of drugs but takes no action and the risk represented by the holder of the foreign driving licence therefore persists?

| 3. | If the answer to question 1 is in the negative, can the Federal Republic of Germany make reinstatement of the right to use a foreign driving licence in Germany subject to compliance with the national conditions applicable to such reinstatement? |
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3.

If the answer to question 1 is in the negative, can the Federal Republic of Germany make reinstatement of the right to use a foreign driving licence in Germany subject to compliance with the national conditions applicable to such reinstatement?

| 4. | (a) | Can the reservation with respect to observance of the principle of territoriality of criminal and police laws laid down in Article 11(2) of Directive 2006/126/EC justify action under its driving licence legislation by a Member State other than the issuing State? For example, does that reservation allow the right to use a foreign driving licence in Germany to be revoked ex post facto by means of a preventive measure under criminal law? |
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4.

(a)

Can the reservation with respect to observance of the principle of territoriality of criminal and police laws laid down in Article 11(2) of Directive 2006/126/EC justify action under its driving licence legislation by a Member State other than the issuing State? For example, does that reservation allow the right to use a foreign driving licence in Germany to be revoked ex post facto by means of a preventive measure under criminal law?

ex post facto

| (b) | If the answer to question 4(a) is in the affirmative, does the competence to reinstate the right to use the foreign driving licence in Germany, taking into account the obligation of recognition, lie with the Member State which imposed the preventive measure or with the issuing State? |
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(b)

If the answer to question 4(a) is in the affirmative, does the competence to reinstate the right to use the foreign driving licence in Germany, taking into account the obligation of recognition, lie with the Member State which imposed the preventive measure or with the issuing State?

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