# C_2008209EN.01000601.xml

| 15.8.2008 | EN | Official Journal of the European Union | C 209/6 |
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15.8.2008

EN

Official Journal of the European Union

C 209/6

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Judgment of the Court (Third Chamber) of 26 June 2008 (reference for a preliminary ruling from the Verwaltungsgericht Chemnitz (Germany)) — Matthias Zerche (C-334/06) and Manfred Seuke (C-336/06) v Landkreis Mittweida and Steffen Schubert (C-335/06) v Landkreis Mittlerer Erzgebirgskreis

(Joint Cases C-334/06 to C-336/06) (1)

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(Directive 91/439/EEC - Mutual recognition of driving licences - Withdrawal of a licence in one Member State for use of narcotic drugs or alcohol - New licence issued in another Member State - Refusal to recognise right to drive in the first Member State - Residence not in accordance with Directive 91/439/EEC)

(2008/C 209/08)

Language of the case: German

Referring court

Verwaltungsgericht Chemnitz

Parties to the main proceedings

Applicants: Matthias Zerche (C-334/06), Manfred Seuke (C-336/06), Steffen Schubert (C-335/06)

Applicants:

Defendants: Landkreis Mittweida, Landkreis Mittlerer Erzgebirgskreis

Defendants:

Re:

Reference for a preliminary ruling — Verwaltungsgericht Chemnitz (Germany) — Interpretation of Arts. 1(2) and 8(2) and (4) of Council Directive 91/439/EEC of 29 July 1991 on driving licences (OJ 1991 L 237, p. 1) — Refusal to recognise the validity of a driving licence issued by another Member State after the expiry of a ban imposed on the holder who has had his national licence withdrawn for drunk driving, and who has been unable to produce the medical/psychological report which is required in order to obtain a new licence in his State of residence — Abuse of law

Operative part of the judgment

On a proper construction of Articles 1(2), 7(1) and 8(2) and (4) of Council Directive 91/439/EEC of 29 July 1991 on driving licences, as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003, it is contrary to those provisions for a Member State, in circumstances such as those of the cases in the main proceedings, to refuse to recognise in its territory the right to drive stemming from a driving licence subsequently issued by another Member State beyond any period in which the person concerned is forbidden to apply for a new licence and, therefore, to recognise the validity of that licence, so long as the licence-holder has not satisfied the necessary conditions in that first Member State for the issue of a new licence following the withdrawal of a previous licence, including the examination of fitness to drive certifying that the grounds justifying the withdrawal are no longer in existence.

In the same circumstances, it is not contrary to those provisions for a Member State to refuse to recognise in its territory the right to drive stemming from a driving licence subsequently issued by another Member State, if it is established, on the basis of entries appearing in the driving licence itself or of other incontestable information supplied by the Member State of issue, that when that licence was issued its holder, who had been the object, in the territory of the first Member State, of a measure withdrawing an earlier licence, was not normally resident in the territory of the Member State of issue.

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(1)  OJ C 261, 28.10.2006.

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