# C_2019172EN.01001101.xml

| 20.5.2019 | EN | Official Journal of the European Union | C 172/11 |
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20.5.2019

EN

Official Journal of the European Union

C 172/11

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Request for a preliminary ruling from the Verwaltungsgericht Aachen (Germany) lodged on 12 February 2019 — Marvin M. v Kreis Heinsberg

(Case C-112/19)

(2019/C 172/14)

Language of the case: German

Referring court

Verwaltungsgericht Aachen

Parties to the main proceedings

Applicant: Marvin M.

Defendant: Kreis Heinsberg

Questions referred

| 1. | Is Article 2(1) of Directive 2006/126/EC (1) to be interpreted as meaning that a driving licence document, including, specifically, the driving authorisations documented therein, must be strictly recognised by the Member States also in the case where the issuing of that document is based on an exchange of driving licence documents pursuant to Article 11(1) of this directive? |
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1.

Is Article 2(1) of Directive 2006/126/EC (1) to be interpreted as meaning that a driving licence document, including, specifically, the driving authorisations documented therein, must be strictly recognised by the Member States also in the case where the issuing of that document is based on an exchange of driving licence documents pursuant to Article 11(1) of this directive?

| 2. | If Question 1 is to be answered in the affirmative: May a Member State refuse to recognise the exchanged driving licence document pursuant to the second subparagraph of Article 11(4) of Directive 2006/126 if the exchange by the issuing State was carried out at a time when the Member State from which the material entitlement to drive originates had already withdrawn that entitlement? |
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2.

If Question 1 is to be answered in the affirmative: May a Member State refuse to recognise the exchanged driving licence document pursuant to the second subparagraph of Article 11(4) of Directive 2006/126 if the exchange by the issuing State was carried out at a time when the Member State from which the material entitlement to drive originates had already withdrawn that entitlement?

| 3. | If Question 2 is to be answered in the negative and an obligation of recognition does exist: May a Member State refuse to recognise the exchanged driving licence document in any event if the Member State in the territory of which the question of recognition of the driving licence document arises can establish, on the basis of ‘indisputable information’, that the material entitlement to drive no longer existed at the time when the driving licence document was exchanged? |
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3.

If Question 2 is to be answered in the negative and an obligation of recognition does exist: May a Member State refuse to recognise the exchanged driving licence document in any event if the Member State in the territory of which the question of recognition of the driving licence document arises can establish, on the basis of ‘indisputable information’, that the material entitlement to drive no longer existed at the time when the driving licence document was exchanged?

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

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