# C_2009090EN.01000301.xml

| 18.4.2009 | EN | Official Journal of the European Union | C 90/3 |
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18.4.2009

EN

Official Journal of the European Union

C 90/3

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Judgment of the Court (Third Chamber) of 19 February 2009 (reference for a preliminary ruling from the Landgericht Mannheim (Germany)) — Criminal proceedings against Karl Schwarz

(Case C-321/07) (1)

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(Directive 91/439/EEC - Holding of driving licences from different Member States - Validity of a driving licence issued before the accession of a State - Withdrawal of a second driving licence issued by the Member State of residence - Recognition of a driving licence issued before the issue of a second licence later withdrawn on the ground that the holder was unfit - Expiry of the period accompanying a measure withdrawing a driving licence during which no application may be made for the issue of a new driving licence)

2009/C 90/04

Language of the case: German

Referring court

Referring court

Landgericht Mannheim

Party in the main proceedings

Party in the main proceedings

Karl Schwarz

Re:

Re:

Reference for a preliminary ruling — Landgericht Mannheim — Interpretation of Articles 7(5) and 8(2) and 8(4) of Council Directive 91/439/EEC of 29 July 1991 on driving licences (OJ 1991 L 237, p.1) — Holder of several driving licences — Validity of a licence issued before accession by the Member State of which the defendant is a national — Following the period of the temporary ban on obtaining a new licence, non-recognition, on its territory, by the Member State of residence of a driving licence obtained, before accession, in another Member State before the expiry of a temporary ban on obtaining a new licence

Operative part of the judgment

Operative part of the judgment

| 1. | Article 7(5) 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, must be interpreted as not precluding a national of a Member State from holding simultaneously two valid driving licences, one of which is a Community licence and the other a driving licence issued by another Member State where both licences were obtained before the accession of the latter State to the European Union. |
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1.

Article 7(5) 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, must be interpreted as not precluding a national of a Member State from holding simultaneously two valid driving licences, one of which is a Community licence and the other a driving licence issued by another Member State where both licences were obtained before the accession of the latter State to the European Union.

| 2. | Article 1 and Article 8(2) and (4) of Directive 91/439, as amended by Regulation No 1882/2003, do not preclude a Member State from refusing to recognise the right to drive stemming from a driving licence issued by another Member State before that State’s accession to the European Union if that licence was issued prior to a driving licence issued by the first Member State, in which the second driving licence has been withdrawn on the ground of its holder’s unfitness to drive. The fact that such refusal occurs after the period accompanying that withdrawal during which no application could be made for the issue of a new driving licence is irrelevant in that regard. |
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2.

Article 1 and Article 8(2) and (4) of Directive 91/439, as amended by Regulation No 1882/2003, do not preclude a Member State from refusing to recognise the right to drive stemming from a driving licence issued by another Member State before that State’s accession to the European Union if that licence was issued prior to a driving licence issued by the first Member State, in which the second driving licence has been withdrawn on the ground of its holder’s unfitness to drive. The fact that such refusal occurs after the period accompanying that withdrawal during which no application could be made for the issue of a new driving licence is irrelevant in that regard.

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(1)  OJ C 283, 24.11.2007.

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