# C_2008142EN.01001302.xml

| 7.6.2008 | EN | Official Journal of the European Union | C 142/13 |
| --- | --- | --- | --- |

7.6.2008

EN

Official Journal of the European Union

C 142/13

---

Reference for a preliminary ruling from the Unabhängiger Verwaltungssenat des Landes Oberösterreich (Austria), lodged on 6 March 2008 — Marc André Kurt v Bürgermeister der Stadt Wels

(Case C-104/08)

(2008/C 142/21)

Language of the case: German

Referring court

Unabhängiger Verwaltungssenat des Landes Oberösterreich

Parties to the main proceedings

Applicant: Marc André Kurt

Applicant:

Defendant: Bürgermeister der Stadt Wels

Defendant:

Questions referred

| 1. | Is it compatible with the fundamental principles of the Treaty on the establishment of the European Community and of the Treaty on Union (OJ 2006 C 321 E/1) and the freedoms arising from those treaties for an EU citizen, who in the light of his theoretical and practical education and training and his relevant professional experience acquired over many years and his qualifications is entitled, formally and in practice, to teach driving theory and practice to learner drivers and most recently also to teach driving school instructors and to establish, operate and manage a driving school in a Member State, to be denied the right to manage a driving school in his own Member State, by virtue of a requirement to hold a diploma (‘Diplomzwang’) which is laid down by statute and which cannot in practice be met? |
| --- | --- |

1.

Is it compatible with the fundamental principles of the Treaty on the establishment of the European Community and of the Treaty on Union (OJ 2006 C 321 E/1) and the freedoms arising from those treaties for an EU citizen, who in the light of his theoretical and practical education and training and his relevant professional experience acquired over many years and his qualifications is entitled, formally and in practice, to teach driving theory and practice to learner drivers and most recently also to teach driving school instructors and to establish, operate and manage a driving school in a Member State, to be denied the right to manage a driving school in his own Member State, by virtue of a requirement to hold a diploma (‘Diplomzwang’) which is laid down by statute and which cannot in practice be met?

| 2. | Is the requirement to hold a diploma arising from Paragraph 109(1)(e) KFG (Kraftfahrgesetz — Law on driving Motor Vehicles) 1967 compatible in particular with the values expressed by Articles 16 and 20 of the Charter on Fundamental Rights (OJ 2007 C 303, p. 1) concerning the freedom to pursue an economic or business activity, free competition and the principle of equality of all citizens? |
| --- | --- |

2.

Is the requirement to hold a diploma arising from Paragraph 109(1)(e) KFG (Kraftfahrgesetz — Law on driving Motor Vehicles) 1967 compatible in particular with the values expressed by Articles 16 and 20 of the Charter on Fundamental Rights (OJ 2007 C 303, p. 1) concerning the freedom to pursue an economic or business activity, free competition and the principle of equality of all citizens?

| 3. | Must Paragraph 109(2) KFG 1967 be interpreted as meaning that another relevant form of education or training along with the corresponding professional experience can also be recognised as ‘another equivalent academic education’? |
| --- | --- |

3.

Must Paragraph 109(2) KFG 1967 be interpreted as meaning that another relevant form of education or training along with the corresponding professional experience can also be recognised as ‘another equivalent academic education’?

---